Th: Jefferson.



LETTER CXXXVIII.—TO WILLIAM CARMICHAEL, May 27, 1788

TO WILLIAM CARMICHAEL.

Paris, May 27, 1788.

Dear Sir,

Your favors of April the 14th and 29th, and May the 8th, have lately come to hand. That of January the 29th, by M. de Moinedo, had been left here during my absence on a journey to Amsterdam. That gentleman had gone, as I presume, before my return, from my being unable to learn any thing of him.

*****

With respect to the Isthmus of Panama, I am assured by Burgoine (who would not chose to be named, however), that a survey was made, that a canal appeared very practicable, and that the idea was suppressed for political reasons altogether. He has seen and minutely examined the report. This report is to me a vast desideratum, for reasons political and philosophical. I cannot help suspecting the Spanish squadrons to be gone to South America, and that some disturbances have been excited there by the British. The court of Madrid may suppose we would not see this with an unwilling eye. This may be true as to the uninformed part of our people: but those who look into futurity farther than the present moment or age, and who combine well what is, with what is to be, must see that our interests, well understood, and our wishes are, that Spain shall (not for ever, but) very long retain her possessions in that quarter; and that her views and ours must, in a good degree, and for a long time, concur. It is said in our gazettes, that the Spaniards have sunk one of our boats on the Mississippi, and that our people retaliated on one of theirs. But my letters, not mentioning this fact, have made me hope it is not true, in which hope your letter confirms me. There are now one hundred thousand inhabitants in Kentucky. They have accepted the offer of independence, on the terms proposed by Virginia, and they have decided that their independent government shall begin on the first day of the next year. In the mean time, they claim admittance into Congress. Georgia has ceded her western territory to the United States, to take place with the commencement of the new federal government. I do not know the boundaries. There has been some dispute of etiquette with the new French minister, which has disgusted him.

The following is a state of the progress and prospects of the new plan of government.

*****

The conduct of Massachusetts has been noble. She accepted the constitution, but voted that it should stand as a perpetual instruction to her Delegates, to endeavor to obtain such and such reformations; and the minority, though very strong both in numbers and abilities, declared viritim and seriatim, that acknowledging the principle that the majority must give the law, they would now support the new constitution with their tongues, and with their blood, if necessary. I was much pleased with many and essential parts of this instrument, from the beginning. But I thought I saw in it many faults, great and small. What I have read and reflected, has brought me over from several of my objections, of the first moment, and to acquiesce under some others. Two only remain, of essential consideration, to wit, the want of a bill of rights, and the expunging the principle of necessary rotation in the offices of President and Senator. At first, I wished that when nine States should have accepted the constitution, so as to insure us what is good in it, the other four might hold off till the want of the bill of rights at least, might be supplied. But I am now convinced that the plan of Massachusetts is the best, that is, to accept and to amend afterwards. If the States which were to decide after her, should all do the same, it is impossible but they must obtain the essential amendments. It will be more difficult, if we lose this instrument, to recover what is good in it, than to correct what is bad, after we shall have adopted it. It has, therefore, my hearty prayers, and I wait with anxiety for news of the votes of Maryland, South Carolina, and Virginia. There is no doubt that General Washington will accept the presidentship; though he is silent on the subject. He would not be chosen to the Virginia convention. A riot has taken place in New York, which I will state to you from an eye-witness. It has long been a practice with the surgeons of that city, to steal from the grave bodies recently buried. A citizen had lost his wife: he went, the first or second evening after her burial, to pay a visit to her grave.. He found that it had been disturbed, and suspected from what quarter. He found means to be admitted to the anatomical lecture of that day, and on his entering the room, saw the body of his wife, naked and under dissection. He raised the people immediately. The body, in the mean time, was secreted. They entered into and searched the houses of the physicians whom they most suspected, but found nothing. One of them however more guilty or more timid than the rest, took asylum in the prison. The mob considered this an acknowledgment of guilt. They attacked the prison. The Governor ordered militia to protect the culprit, and suppress the mob. The militia, thinking the mob had just provocation, refused to turn out. Hereupon the people of more reflection, thinking it more dangerous that even a guilty person should be punished without the forms of law, than that he should escape, armed themselves, and went to protect the physician. They were received by the mob with a volley of stones, which wounded several of them. They hereupon fired on the mob and killed four. By this time, they received a reinforcement of other citizens of the militia horse, the appearance of which, in the critical moment, dispersed the mob. So ended this chapter of history, which I have detailed to you, because it may be represented as a political riot, when politics had nothing to do with it. Mr. Jay and Baron Steuben were both grievously wounded in the head by stones. The former still kept his bed, and the latter his room, when the packet sailed, which was the 24th of April. I am, with sentiments of great esteem and respect, Dear Sir, your most obedient and most humble servant,

Th: Jefferson.



LETTER CXXXIX.—TO JOHN JAY, May 27, 1788

TO JOHN JAY.

(Private.) Paris, May 27, 1788.

Dear Sir,

The change which is likely to take place in the form of our government, seems to render it proper, that, during the existence of the present government, an article should be mentioned which concerns me personally. Uncertain, however, how far Congress may have decided to do business when so near the close of their administration; less capable than those on the spot of foreseeing the character of the new government; and not fully confiding in my own judgment, where it is so liable to be seduced by feeling, I take the liberty of asking your friendly counsel, and that of my friend Mr. Madison, and of referring the matter to your judgments and discretion.

Mr. Barclay when in Europe was authorized to settle all the European accounts of the United States: he settled those of Dr. Franklin and Mr. Adams, and it was intended between us, that he should settle mine. But as what may be done at any time is often put off to the last, this settlement had been made to give way to others, and that of Beaumarchais being pressed on Mr. Barclay before his departure for Morocco, and having long retarded his departure, it was agreed that my affair should await his return from that mission: you know the circumstances which prevented his return to Paris after that mission was finished. My account is therefore unsettled, but I have no anxiety on any article of it, except one, that is, the outfit. This consists of, 1. clothes; 2. carriage and horses; 3. household furniture. When Congress made their first appointments of ministers to be resident in Europe, I have understood (for I was not then in Congress) that they allowed them all their expenses, and a fixed sum over and above for their time. Among their expenses, was necessarily understood their outfit. Afterwards they thought proper to give them fixed salaries of eleven thousand one hundred and eleven dollars and one ninth a year; and again, by a resolution of May the 6th and 8th, 1784, the 'salaries' of their ministers at foreign courts were reduced to nine thousand dollars, to take place on the 1st of August ensuing. On the 7th of May I was appointed, in addition to Mr. Adams and Dr. Franklin, for the negotiation of treaties of commerce; but this appointment being temporary, for two years only, and not as of a resident minister, the article of outfit did not come into question. I asked an advance of six months' salary, that I might be in cash to meet the first expenses; which was ordered. The year following, I was appointed to succeed Dr. Franklin at this court. This was the first appointment of a minister resident, since the original ones, under which all expenses were to be paid. So much of the ancient regulation, as respected annual expenses, had been altered to a sum certain; so much of it as respected first expenses, or outfit, remained unaltered; and I might therefore expect, that the actual expenses for outfit were to be paid. When I prepared my account for settlement with Mr. Barclay, I began a detail of the articles of clothes, carriage, horses, and household furniture. I found that they were numerous, minute, and incapable, from their nature, of being vouched; and often entered in my memorandum-book under a general head only, so that I could not specify them. I found they would exceed a year's salary. Supposing, therefore, that, mine being the first case, Congress would make a precedent of it, and prefer a sum fixed for the outfit, as well as the salary, I have charged it in my account at a year's salary; presuming there can be no question that an outfit is a reasonable charge. It is the usage here (and I suppose at all courts), that a minister resident, shall establish his house in the first instant. If this is to be done out of his salary, he will be a twelvemonth at least without a copper to live on. It is the universal practice, therefore, of all nations, to allow the outfit as a separate article from the salary. I have inquired here into the usual amount of it. I find that, sometimes, the sovereign pays the actual cost. This is particularly the case of the Sardinian ambassador now coming here, who is to provide a service of plate, and every article of furniture, and other matters of first expense, to be paid for by his court. In other instances, they give a service of plate, and a fixed sum for all other articles, which fixed sum is in no case lower than a year's salary.

I desire no service of plate, having no ambition for splendor. My furniture, carriage, and apparel are all plain, yet they have cost me more than a year's salary. I suppose that in every country, and in every condition of life, a year's expense would be found a moderate measure for the furniture of a man's house. It is not more certain to me, that the sun will rise to-morrow, than that our government must allow the outfit, on their future appointment of foreign ministers; and it would be hard on me, so to stand between the discontinuance of a former rule, and institution of a future one, as to have the benefit of neither. I know, I have so long known the character of our federal head, in its present form, that I have the most unlimited confidence in the justice of its decisions. I think I am so far known to many of the present Congress, as that I may be cleared of all views of making money out of any public employment, or of desiring any thing beyond actual and decent expenses, proportioned to the station in which they have been pleased to place me, and to the respect they would wish to see attached to it. It would seem right, that they should decide the claims of those who have acted under their administration, and their pretermission of any article, might amount to a disallowance of it in the opinion of the new government. It would be painful to me to meet that government with a claim under this kind of cloud, and to pass it in review before their several Houses of legislation, and boards of administration, to whom I shall be unknown; and being for money actually expended, it would be too inconvenient to me to relinquish it in silence. I anxiously ask it, therefore, to be decided on by Congress before they go out of office, if it be not out of the line of proceeding they may have chalked out for themselves. If it be against their inclination to determine it, would it be agreeable to them to refer it to the new government, by some resolution, which should show they have not meant to disallow it, by passing it over? Not knowing the circumstances under which Congress may exist and act at the moment you shall receive this, I am unable to judge what should be done on this subject. It is therefore that I ask the aid of your friendship and that of Mr. Madison, that you will do for me in this regard, what you think it is right should be done, and what it would be right for me to do, were I on the spot, or were I apprized of all existing circumstances. Indeed, were you two to think my claim an improper one, I would wish it to be suppressed, as I have so much confidence in your judgment, that I should suspect my own in any case where it varied from yours, and more especially, in one where it is liable to be warped by feeling. Give me leave, then, to ask your consultation with Mr. Madison on this subject; and to assure you that whatever you are so good as to do herein, will be perfectly approved, and considered as a great obligation conferred on him, who has the honor to be, with sentiments of the most perfect esteem and attachment, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CXL.*—TO JAMES MADISON, May 28, 1788

TO JAMES MADISON.

Paris, May 28, 1788.

Dear Sir,

The enclosed letter for Mr. Jay, being of a private nature. I have thought it better to put it under your cover, lest it might be opened by some of his clerks, in the case of his absence. But I enclose a press copy of it for yourself, as you will perceive the subject of it referred to you, as well as to him. I ask your aid in it so far as you think right, and to have done what you think right. If you will now be so good as to cast your eye over the copy enclosed, what follows the present sentence, will be some details, supplementary to that only, necessary for your information, but not proper for me to state to Mr. Jay.

[* It will be seen that a few words of this letter are in cipher. It is published, however, as written, because enough of it is literal to interest the reader, to whom also a specimen of the cipher, used by the Author, may not be unacceptable.]

378.227.1247. though appointed a minister resident at the court of 514. he never was 663. in that character. He was continually passing from 1042. to 514. and 514. to 1042., so that he had no occasion to establish a household at either. Accordingly, he staid principally in furnished lodgings. Of all our ministers, he had the least occasion for an outfit, and I suppose spent almost nothing on that article. He was of a disposition, too, to restrain himself within any limits of expense whatever, and it suited his recluse turn, which is, to avoid society. Should he judge of what others should do, by what he did, it would be an improper criterion. He was in Europe as a voyageur only, and it was while the salary was five hundred guineas more than at present.

145.1267.1046.7. he came over, when, instead of outfit and salary, all expenses were paid. Of rigorous honesty, and careless of appearances, he lived for a considerable time as an economical private individual. After he was fixed at 812.141. and the salary at a sum certain, he continued his economical style, till, out of the difference between his expenses and his salary, he could purchase furniture for his house. This was the easier, as the salary was at two thousand five hundred guineas then. He was obliged, too, to be passing between 1042. and 812.141. so as to avoid any regular current of expenses. When he established himself, his pecuniary affairs were under the direction of 964.814.7.101.994., one of the most estimable characters on earth, and the most attentive and honorable economists. Neither had a wish to lay up a copper, but both wished to make both ends meet. I suspected, however, from an expression dropped in conversation, that they were not able to do this, and that a deficit in their accounts appeared in their winding up. If this conjecture be true, it is a proof that the salary, so far from admitting savings, is unequal to a very plain style of life; for such was theirs. I presume Congress will be asked to allow it, and it is evident to me, from what I saw while in 1093. that it ought to be done, as they did not expend a shilling which should have been avoided. Would it be more eligible to set the example of making good a deficit, or to give him an outfit, which will cover it? The impossibility of living on the sum allowed, respectably, was the true cause of his insisting on his recall. 821.267.1292. He came over while all expenses were paid. He rented a house with standing furniture, such as tables, chairs, presses, &c., and bought all other necessaries. The latter were charged in his account; the former was included in the article of house-rent, and paid during the whole time of his stay here; and as the established rate of hire for furniture is from thirty to forty per cent, per annum, the standing furniture must have been paid for three times over, during the eight years he staid here. His salary was two thousand five hundred guineas. When Congress reduced it to less than two thousand, he refused to accede to it, asked his recall, and insisted that whenever they chose to alter the conditions on which he came out, if he did not approve of it, they ought to replace him in America on the old conditions. He lived plain, but as decently as his salary would allow. He saved nothing, but avoided debt. He knew he could not do this on the reduced salary, and therefore asked his recall with decision.

To 935.145. succeeded. He had established a certain style of living. The same was expected from 1214. and there were five hundred guineas a year less to do it on. It has been aimed at, however, as far as was practicable. This rendered it constantly necessary to step neither to the right nor to the left, to incur any expense which could possibly be avoided, and it called for an almost womanly attention to the details of the household, equally perplexing, disgusting, and inconsistent with business. You will be sensible, that, in this situation, no savings could be made for reimbursing the half year's salary, ordered to be advanced under the former commission, and more than as much again, which was unavoidably so applied, without order, for the purchase of the outfit. The reason of the thing, the usage of all nations, the usage of our own, by paying all expenses of preceding ministers, which gave them the outfit, as far as their circumstances appeared to them to render it necessary, have made me take for granted all along, that it would not be refused to me: nor should I have mentioned it now, but that the administration is passing into other hands, and more complicated forms. It would be disagreeable to me to be presented to them, in the first instance, as a suitor. Men come into business at first with visionary principles. It is practice alone, which can correct and conform them to the actual current of affairs. In the mean time, those to whom their errors were first applied, have been their victims. The government may take up the project of appointing foreign ministers without outfits, and they may ruin two or three individuals, before they find that that article is just as indispensable as the salary. They must then fall into the current of general usage, which has become general, only because experience has established its necessity. Upon the whole, be so good as to reflect on it, and to do, not what your friendship to me, but your opinion of what is right, shall dictate.

Accept, in all cases, assurances of the sincere esteem and respect with which I am, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CXLI.—TO PETER CARU, May 23, 1788

TO PETER CARU.

Paris, May 23, 1788.

Dear Peter,

The preceding letter [* For the letter referred to, see ante, LXXIV.] was written at its date, and I supposed you in possession of it, when your letters of December the 10th, 1787, and March the 18th, 1788, told me otherwise. Still I supposed it on its way to you, when a few days ago, having occasion to look among some papers in the drawer, where my letters are usually put away, till an opportunity of sending them occurs, I found that this letter had slipped among them, so that it had never been forwarded. I am sorry for it, on account of the remarks relative to the Spanish language only. Apply to that with all the assiduity you can. That language and the English covering nearly the whole face of America, they should be well known to every inhabitant, who means to look beyond the limits of his farm. I like well the distribution of your time, mentioned in your letter of March the 18th; and the counsels of Mr. Wythe, so kindly extended to you, leave it necessary for me to add nothing of that kind. Be assiduous in learning, take much exercise for your health, and practise much virtue. Health, learning, and virtue, will insure your happiness; they will give you a quiet conscience, private esteem, and public honor. Beyond these, we want nothing but physical necessaries, and they are easily obtained. My daughters are well, and join me in love to yourself, your mother, brothers, and sisters.

I am, with very sincere esteem, Dear Peter, your affectionate

friend,

Th: Jefferson.



LETTER CXLII.—TO THE COMTE DE BERNSTORFF, June 19, 1788

TO THE COMTE DE BERNSTORFF.

Paris, June 19, 1788.

I had the honor of addressing your Excellency, by Admiral Paul Jones, on the 21st of January, on the subject of the prizes taken under his command during the late war, and sent into Bergen. I communicated at the same time a copy of the powers which the Congress of the United States of America had been pleased to confide to me therein, having previously shown the original to the Baron de Blome, Envoy Extraordinary of his Majesty, the King of Denmark, at this court; and I furnished, at the same time, to Admiral Paul Jones, such authority as I was empowered to delegate, for the arrangement of this affair. That officer has transmitted me a copy of your Excellency's letter to him of the 4th of April, wherein you are pleased to observe, that the want of full powers on his part was an invincible obstacle to the definitive discussion of this claim with him, and to express your dispositions to institute a settlement at this place. Always assured of the justice and honor of the court of Denmark, and encouraged by the particular readiness of your Excellency to settle and remove this difficulty from between the two nations, I take the liberty of recalling your attention to it. The place of negotiation proposed by your Excellency, meets no objection from us, and it removes, at the same time, that which the want of full powers in Admiral Paul Jones had produced in your mind. These full powers Congress have been pleased to honor me with. The arrangement taken between the person to be charged with your full powers and myself, will be final and conclusive. You are pleased to express a willingness to treat at the same time on the subjects of amity and commerce. The powers formerly communicated on our part, were given to Mr. Adams, Doctor Franklin, and myself, for a limited term only. That term has expired, and the other two gentlemen returned to America; so that no person is commissioned at this moment to renew those conferences. I may safely, however, assure your Excellency, that the same friendly dispositions still continue, and the same desire of facilitating and encouraging a commerce between the two nations, which produced the former appointment. But our nation is, at this time, proposing a change in the organization of its government. For this change to be agreed to by all the members of the Union, the new administration chosen and brought into activity, their domestic matters arranged, which will require their first attention, their foreign system afterwards decided on and carried into full execution, will require very considerable length of time. To place under the same delay the private claims which I have the honor to present to your Excellency, would be hard on the persons interested: because these claims have no connection with the system of commercial connection, which may be established between the two nations, nor with the particular form of our administration. The justice due to them is complete, and the present administration as competent to final settlement as any future one will be, should a future change take place. These individuals have already lingered nine years in expectation of their hard and perilous earnings. Time lessens their numbers continually, disperses their representatives, weakens the evidence of their right, and renders more and more impracticable his Majesty's dispositions to repair the private injury, to which public circumstances constrained him. These considerations, the just and honorable intentions of your Excellency, and the assurances you give us in your letter, that no delay is wished on your part, give me strong hopes that we may speedily obtain that final arrangement, which express instructions render it my duty to urge. I have the honor, therefore, of agreeing with your Excellency, that the settlement of this matter, formerly begun at Paris, shall be continued there; and to ask that you will be pleased to give powers and instructions for this purpose to such persons as you shall think proper, and in such full form as may prevent those delays, to which the distance between Copenhagen and Paris might otherwise expose us.

I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient and most humble servant,

Th: Jefferson.



LETTER CXLIII.—TO THE COUNT DE MONTMORIN, June 20, 1788

TO THE COUNT DE MONTMORIN.

Paris, June 20, 1788.

Sir,

Having had the honor of mentioning to your Excellency the wish of Congress, that certain changes should be made in the articles for a consular convention, which had been sent to them, I have now that, conformably to the desire you expressed, of giving a general idea of the alterations to be proposed.

The fourth article gives to the consuls the immunities of the law of nations. It has been understood, however, that the laws of France do not admit of this; and that it might be desirable to expunge this article. In this we are ready to concur, as in every other case, where an article might call for changes in the established laws, either inconvenient or disagreeable.

After establishing in favor of consuls, the general immunities of the law of nations, one consequence of which would have been, that they could not have been called upon to give testimony in courts of justice, the fifth article requires, that after the observance of certain formalities, which imply very high respect, they shall make a declaration; but in their own houses [chez eux] as may be pretended, if not justly inferred, from the expressions in the article. But our laws require, indispensably, a personal examination of witnesses in the presence of the parties, of their counsel, the jury, and judges, each of whom has a right to ask of them all questions pertinent to the fact. The first and highest officers of our government are obliged to appear personally to the order of a court, to give evidence. The court takes care that they are treated with respect. It is proposed, therefore, to omit this article for these particular reasons, as well as for the general one, that the fourth being expunged, this, which was but an exception to that, falls of course.

The seventh, eighth, tenth, and fourteenth articles extend their pre-eminences far beyond those, which the laws of nations would have given. These articles require that the declarations made in the presence of consuls, and certified by them, shall be received in evidence in all courts whatever: and, in some instances, give to their certificates a credibility which excludes all other testimony. The cases are rare, in which our laws admit written evidence of facts; and such evidence, when admitted, must have been given in the presence of both parties, and must contain the answers to all the pertinent questions, which they may have desired to ask of the witness: and to no evidence, of whatever nature, written or oral, do our laws give so high credit, as to exclude all counter-proof. These principles are of such ancient foundation in our system of jurisprudence, and are so much valued and venerated by our citizens, that perhaps it would be impossible to execute articles, which should contravene them, nor is it imagined that these stipulations can be so interesting to this country, as to balance the inconvenience and hazard of such an innovation with us. Perhaps it might be found, that the laws of both countries require a modification of this article; as it is inconceivable that the certificate of an American consul in France could be permitted by one of its courts to establish a fact, the falsehood of which should be notorious to the court itself.

The eighth article gives to the consuls of either nation a jurisdiction, in certain cases, over foreigners of any other. On a dispute arising in France, between an American and a Spaniard or an Englishman, it would not be fair to abandon the Spaniard or Englishman to an American consul. On the contrary, the territorial judge, as neutral, would seem to be the most impartial. Probably, therefore, it will be thought convenient for both parties, to correct this stipulation.

A dispute arising between two subjects of France, the one being in France and the other in the United States, the regular tribunals of France would seem entitled to a preference of jurisdiction. Yet the twelfth article gives it to their consul in America; and to the consul of the United States in France, in a like case between their citizens.

The power given by the tenth article, of arresting and sending back a vessel, its captain, and crew, is a very great one indeed, and, in our opinion, more safely lodged with the territorial judge. We would ourselves trust the tribunals of France to decide, when there is just cause for so high-handed an act of authority over the persons and property of so many of our citizens, to all of whom these tribunals will stand in a neutral and impartial relation, rather than any single person whom we may appoint as consul, who will seldom be learned in the laws, and often susceptible of influence from private interest and personal pique. With us, applications for the arrest of vessels, and of their masters, are made to the admiralty courts. These are composed of the most learned and virtuous characters in the several States, and the maritime law, common to all nations, is the rule of their proceedings. The exercise of foreign jurisdiction, within the pale of their own laws, in a very high case, and wherein those laws have made honorable provisions, would be a phenomenon never yet seen in our country, and which would be seen with great jealousy and uneasiness. On the contrary, to leave this power with the territorial judge will inspire confidence and friendship, and be really, at the same time, more secure against abuse. The power of arresting deserted seamen seems necessary for the purposes of navigation and commerce, and will be more attentively and effectually exercised by the consul, than by the territorial judge. To this part of the tenth article, therefore, as well as to that which requires the territorial judge to assist the consul in the exercise of this function, we can accede. But the extension of the like power to passengers, seems not necessary for the purposes either of navigation or commerce. It does not come, therefore, within the functions of the consul, whose institution is for those two objects only, nor within the powers of a commissioner, authorized to treat and conclude a convention, solely for regulating the powers, privileges, and duties of consuls. The arrest and detention of passengers, moreover, would often be in contradiction to our bills of rights, which, being fundamental, cannot be obstructed in their operation by any law or convention whatever.

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

The convention, as expressed in the French language, will fully answer our purposes in France, because it will there be understood. But it will not equally answer the purposes of France in America, because it will not there be understood. In very few of the courts, wherein it may be presented, will there be found a single judge or advocate, capable of translating it at all, much less of giving to all its terms, legal and technical, their exact equivalent in the laws and language of that country. Should any translation which Congress would undertake to publish, for the use of our courts, be conceived on any occasion not to render fully the idea of the French original, it might be imputed as an indirect attempt to abridge or extend the terms of a contract, at the will of one party only. At no place are there better helps than here, for establishing an English text equivalent to the French, in all its phrases; no persons can be supposed to know what is meant by these phrases, better than those who form them; and no time more proper to ascertain their meaning in both languages than that at which they are formed. I have, therefore, the honor to propose, that the convention shall be faithfully expressed in English as well as in French, in two columns, side by side, that these columns be declared each of them to be text, and to be equally original and authentic in all courts of justice.

This, Sir, is a general sketch of the alterations, which our laws and our manner of thinking render necessary in this convention, before the faith of our country is engaged for its execution. Some of its articles, in their present form, could not be executed at all, and others would produce embarrassments and ill humor, to which it would not be prudent for our government to commit itself. Inexact execution on the one part, would naturally beget dissatisfaction and complaints on the other; and an instrument intended to strengthen our connection, might thus become the means of loosening it. Fewer articles, better observed, will better promote our common interests. As to ourselves, we do not find the institution of consuls very necessary. Its history commences in times of barbarism, and might well have ended with them. During these, they were, perhaps, useful, and may still be so in countries not yet emerged from that condition. But all civilized nations at this day understand so well the advantages of commerce, that they provide protection and encouragement for merchant strangers and vessels coming among them. So extensive, too, have commercial connections now become, that every mercantile house has correspondents in almost every port. They address their vessels to these correspondents, who are found to take better care of their interests, and to obtain more effectually the protection of the laws of the country for them, than the consul of their nation can. He is generally a foreigner, unpossessed of the little details of knowledge of greatest use to them. He makes national questions of all the difficulties which arise; the correspondent prevents them. We carry on commerce with good success in all parts of the world; yet we have not a consul in a single port, nor a complaint for the want of one, except from the persons who wish to be consuls themselves. Though these considerations may not be strong enough to establish the absolute inutility of consuls, they may make us less anxious to extend their privileges and jurisdictions, so as to render them objects of jealousy and irritation, in the places of their residence. That this government thinks them useful, is sufficient reason for us to give them all the functions and facilities which our circumstances will admit. Instead, therefore, of declining every article which will be useless to us, we accede to every one which will not be inconvenient. Had this nation been alone concerned, our desire to gratify them might have tempted us to press still harder on the laws and opinions of our country. But your Excellency knows, that we stand engaged in treaties with some nations, which will give them occasion to claim whatever privileges we yield to any other. This renders circumspection more necessary. Permit me to add one other observation. The English allow to foreign consuls scarcely any functions within their ports. This proceeds, in a great measure, from the character of their laws, which eye, with peculiar jealousy, every exemption from their control. Ours are the same in their general character, and rendered still more unpliant, by our having thirteen parliaments to relax, instead of one. Upon the whole, I hope your Excellency will see the causes of the delay which this convention has met with, in the difficulties it presents, and our desire to surmount them: and will be sensible that the alterations proposed, are dictated to us by the necessity of our circumstances, and by a caution, which cannot be disapproved, to commit ourselves to no engagements which we foresee we might not be able o fulfil.

These alterations, with some other smaller ones, which may be offered on the sole principle of joint convenience, shall be the subject of more particular explanation, whenever your Excellency shall honor me with a conference thereon. I shall then, also, point out the verbal changes which appear to me necessary, to accommodate the instrument to the views before expressed. In the mean time, I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency's most obedient and most humble servant,

Th: Jefferson.



LETTER CXLIV.—TO DOCTOR GORDON, July 16, 1788

TO DOCTOR GORDON.

Paris, July 16, 1788.

Sir,

In your favor of the 8th instant, you mentioned that you had written to me in February last. This letter never came to hand. That of April the 24th came here during my absence on a journey through Holland and Germany; and my having been obliged to devote the first moments after my return to some very pressing matters, must be my apology for not having been able to write to you till now. As soon as I knew that it would be agreeable to you to have such a disposal of your work for translation, as I had made for Dr. Ramsay, I applied to the same bookseller with propositions on your behalf. He told me, that he had lost so much by that work, that he could hardly think of undertaking another, and, at any rate, not without first seeing and examining it. As he was the only bookseller I could induce to give any thing on the former occasion, I went to no other with my proposal, meaning to ask you to send me immediately as much of the work as is printed. This you can do by the Diligence, which comes three times a week from London to Paris. Furnished with this, I will renew my proposition, and do the best for you I can; though I fear that the ill success of the translation of Dr. Ramsay's work, and of another work on the subject of America, will permit less to be done for you than I had hoped. I think Dr. Ramsay failed from the inelegance of the translation, and the translator's having departed entirely from the Doctor's instructions. I will be obliged to you, to set me down as subscriber for half a dozen copies, and to ask Mr. Trumbull (No. 2, North street, Rathbone Place) to pay you the whole subscription price for me, which he will do on showing him this letter. These copies can be sent by the Diligence. I have not yet received the pictures Mr. Trumbull was to send me, nor consequently that of M. de la Fayette. I will take care of it when it arrives. His title is simply, Le Marquis de la Fayette.

You ask, in your letter of April the 24th, details of my sufferings by Colonel Tarleton. I did not suffer by him. On the contrary, he behaved very genteelly with me. On his approach to Charlottesville, which is within three miles of my house at Monticello, he despatched a troop of his horse, under Captain McLeod, with the double object of taking me prisoner, with the two Speakers of the Senate and Delegates, who then lodged with me, and of remaining there in vidette, my house commanding a view often or twelve miles round about. He gave strict orders to Captain McLeod to suffer nothing to be injured. The troop failed in one of their objects, as we had notice of their coming, so that the two Speakers had gone off about two hours before their arrival at Monticello, and myself, with my family, about five minutes. But Captain McLeod preserved every thing with sacred care, during about eighteen hours that he remained there. Colonel Tarleton was just so long at Charlottesville, being hurried from thence by the news of the rising of the militia, and by a sudden fall of rain which threatened to swell the river and intercept his return. In general he did little injury to the inhabitants on that short and hasty excursion, which was of about sixty miles from their main army, then in Spotsylvania, and ours in Orange. It was early in June, 1781. Lord Cornwallis then proceeded to the Point of Fork, and encamped his army from thence all along the main James River, to a seat of mine called Elk-hill, opposite to Elk Island, and a little below the mouth of the Byrd Creek. (You will see all these places exactly laid down in the map annexed to my Notes on Virginia, printed by Stockdale.) He remained in this position ten days, his own head-quarters being in my house, at that place. I had time to remove most of the effects out of the house. He destroyed all my growing crops of corn and tobacco; he burned all my barns, containing the same articles of the last year, having first taken what corn he wanted; he used, as was to be expected, all my stock of cattle, sheep, and hogs, for the sustenance of his army, and carried off all the horses capable of service; of those too young for service he cut the throats; and he burned all the fences on the plantation so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right: but it was to consign them to inevitable death from the small-pox and putrid fever, then raging in his camp. This I knew afterwards to be the fate of twenty-seven of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye; the situation of the house in which he was, commanding a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborhood somewhat in the same style, but not with that spirit of total extermination with which he seemed to rage over my possessions. Wherever he went, the dwelling-houses were plundered of every thing which could be carried off. Lord Cornwallis's character in England would forbid the belief that he shared in the plunder; but that his table was served with the plate thus pillaged from private houses, can be proved by many hundred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost under Lord Cornwallis's hands, that year, about thirty thousand slaves; and that of these, about twenty-seven thousand died of the small-pox and camp-fever, and the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee, and fruit, and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or England. From this last place, I believe they have been lately sent to Africa. History will never relate the horrors committed by the British army, in the southern States of America. They raged in Virginia six months only, from the middle of April to the middle of October, 1781, when they were all taken prisoners; and I give you a faithful specimen of their transactions for ten days of that time, and on one spot only. Ex pede Herculem. I suppose their whole devastations during those six months, amounted to about three millions sterling. The copiousness of this subject has only left me space to assure you of the sentiments of esteem and respect, with which I am, Sir, your most obedient, humble servant,

Th: Jefferson.



LETTER CXLV.—TO JAMES MADISON, July 19, 1788

TO JAMES MADISON, of William and Mary College.

Paris, July 19, 1788.

Dear Sir,

My last letter to you was of the 13th of August last. As you seem willing to accept of the crumbs of science on which we are subsisting here, it is with pleasure I continue to hand them on to you, in proportion as they are dealt out. Herschel's volcano in the moon you have doubtless heard of, and placed among the other vagaries of a head, which seems not organized for sound induction. The wildness of the theories hitherto proposed by him, on his own discoveries, seems to authorize us to consider his merit as that of a good optician only. You know also, that Doctor Ingenhouse had discovered, as he supposed from experiment, that vegetation might be promoted by occasioning streams of the electrical fluid to pass through a plant, and that other physicians had received and confirmed this theory. He now, however, retracts it, and finds by more decisive experiments, that the electrical fluid can neither forward nor retard vegetation. Uncorrected still of the rage of drawing general conclusions from partial and equivocal observations, he hazards the opinion that light promotes vegetation. I have heretofore supposed from observation, that light affects the color of living bodies, whether vegetable or animal; but that either the one or the other receives nutriment from that fluid, must be permitted to be doubted of, till better confirmed by observation. It is always better to have no ideas, than false ones; to believe nothing, than to believe what is wrong. In my mind, theories are more easily demolished than rebuilt.

An Abbe here, has shaken, if not destroyed, the theory of De Dominis, Descartes and Newton, for explaining the phenomenon of the rainbow. According to that theory, you know, a cone of rays issuing from the sun, and falling on a cloud in the opposite part of the heavens, is reflected back in the form of a smaller cone, the apex of which is the eye of the observer: so that the eye of the observer must be in the axis of both cones, and equally distant from every part of the bow. But he observes, that he has repeatedly seen bows, the one end of which has been very near to him, and the other at a very great distance. I have often seen the same thing myself. I recollect well to have seen the end of a rainbow between myself and a house, or between myself and a bank, not twenty yards distant; and this repeatedly. But I never saw, what he says he has seen, different rainbows at the same time, intersecting each other. I never saw coexistent bows, which were not concentric also. Again, according to the theory, if the sun is in the horizon, the horizon intercepts the lower half of the bow, if above the horizon, that intercepts more than the half, in proportion. So that generally the bow is less than a semicircle, and never more. He says he has seen it more than a semicircle. I have often seen the leg of the bow below my level. My situation at Monticello admits this, because there is a mountain there in the opposite direction of the afternoon's sun, the valley between which and Monticello is five hundred feet deep. I have seen a leg of a rainbow plunge down on the river running through the valley. But I do not recollect to have remarked at any time, that the bow was more than half a circle. It appears to me, that these facts demolish the Newtonian hypothesis, but they do not support that erected in its stead by the Abbe. He supposes a cloud between the sun and observer, and that through some opening in that cloud, the rays pass, and form an iris on the opposite part of the heavens, just as a ray passing through a hole in the shutter of a darkened room, and falling on a prism there, forms the prismatic colors on the opposite wall. According to this, we might see bows of more than the half circle, as often as of less. A thousand other objections occur to this hypothesis, which need not be suggested to you. The result is, that we are wiser than we were, by having an error the less in our catalogue; but the blank occasioned by it, must remain for some happier hypothesist to fill up.

The dispute about the conversion and reconversion of water and air, is still stoutly kept up. The contradictory experiments of chemists, leave us at liberty to conclude what we please. My conclusion is, that art has not yet invented sufficient aids, to enable such subtle bodies to make a well defined impression on organs as blunt as ours: that it is laudable to encourage investigation, but to hold back conclusion. Speaking one day with Monsieur de Buffon on the present ardor of chemical inquiry, he affected to consider chemistry but as cookery, and to place the toils of the laboratory on a footing with those of the kitchen. I think it, on the contrary, among the most useful of sciences, and big with future discoveries for the utility and safety of the human race. It is yet, indeed, a mere embryon. Its principles are contested; experiments seem contradictory; their subjects are so minute as to escape our senses; and their result too fallacious to satisfy the mind. It is probably an age too soon, to propose the establishment of a system. The attempt, therefore, of Lavoisier to reform the chemical nomenclature, is premature. One single experiment may destroy the whole filiation of his terms, and his string of sulfates, sulfiles, and sulfures may have served no other end, than to have retarded the progress of the science, by a jargon, from the confusion of which, time will be requisite to extricate us. Accordingly, it is not likely to be admitted generally.

You are acquainted with the properties of the composition of nitre, salt of tartar, and sulphur, called pulvis fulminans. Of this, the explosion is produced by heat alone. Monsieur Bertholet, by dissolving silver in the nitrous acid, precipitating it with lime-water, and drying the precipitate on ammoniac, has discovered a powder, which fulminates most powerfully, on coming into contact with any substance whatever. Once made, it cannot be touched. It cannot be put into a bottle, but must remain in the capsula, where dried. The property of the spathic acid, to corrode flinty substances, has been lately applied by a Mr. Puymaurin, to engrave on glass, as artists engrave on copper, with aquafortis.

M. de la Place has discovered, that the secular acceleration and retardation of the moon's motion, is occasioned by the action of the sun, in proportion as his excentricity changes, or, in other words, as the orbit of the earth increases or diminishes. So that this irregularity is now perfectly calculable.

Having seen announced in a gazette, that some person had found, in a library of Sicily, an Arabic translation of Livy, which was thought to be complete, I got the charge des affaires of Naples here, to write to Naples to inquire into the fact. He obtained in answer, that an Arabic translation was found, and that it would restore to us seventeen of the books lost, to wit, from the sixtieth to the seventy-seventh, inclusive: that it was in possession of an Abbe Vella, who, as soon as he shall have finished a work he has on hand, will give us an Italian, and perhaps a Latin translation of this Livy. There are persons, however, who doubt the truth of this discovery, founding their doubts on some personal circumstances relating to the person who says he has this translation. I find, nevertheless, that the charge des affaires believes in the discovery, which makes me hope it may be true.

A countryman of ours, a Mr. Ledyard of Connecticut, set out from hence some time ago for St. Petersburg, to go thence to Kamtschatka, thence to cross over to the western coast of America, and penetrate through the continent, to the other side of it. He had got within a few days' journey of Kamtschatka, when he was arrested by order of the Empress of Russia, sent back, and turned adrift in Poland. He went to London; engaged under the auspices of a private society, formed there for pushing discoveries into Africa; passed by this place, which he left a few days ago for Marseilles, where he will embark for Alexandria and Grand Cairo; thence explore the Nile to its source; cross the head of the Niger, and descend that to its mouth. He promises me, if he escapes through his journey, he will go to Kentucky, and endeavor to penetrate westwardly to the South Sea.

The death of M. de Buffon you have heard long ago. I do not know whether we shall have anything posthumous of his. As to political news, this country is making its way to a good constitution. The only danger is, they may press so fast as to produce an appeal to arms, which might have an unfavorable issue for them. As yet the appeal is not made. Perhaps the war, which seems to be spreading from nation to nation, may reach them this would insure the calling of the States General, and this, as is supposed, the establishment of a constitution.

I have the honor to be, with sentiments of sincere esteem and respect, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CXLVI.—TO E. RUTLEDGE, July 18, 1788

TO E. RUTLEDGE.

Paris, July 18, 1788.

Dear Sir,

Messrs. Berard were to have given me particular accounts of the proceeds of the shipments of rice made to them. But they have failed. I fear, from what they mention, that the price has been less advantageous than usual; which is unlucky, as it falls the first essay. If on the whole, however, you get as much as you would have done by a sale on the spot, it should encourage other adventures, because the price at Havre or Rouen is commonly higher, and because I think you may, by trials, find out the way to avail yourselves of the Paris retail price. The Carolina rice, sold at Paris, is separated into three kinds; 1. the whole grains; 2. the broken grains; 3. the small stuff; and sell at ten, eight, and six livres the French pound, retail. The whole grains, which constitute the first quality, are picked out by hand. I would not recommend this operation to be done with you, because labor is dearer there than here. But I mention these prices, to show, that after making a reasonable deduction for sorting, and leaving a reasonable profit to the retailer, there should still remain a great wholesale price. I shall wish to know from you, how much your cargo of rice shipped to Berard netts you, and how much it would have netted in hard money, if you had sold it at home.

You promise, in your letter of October the 23rd, 1787, to give me in your next, at large, the conjectures of your philosopher on the descent of the Creek Indians from the Carthaginians, supposed to have been separated from Hanno's fleet, during his periplus. I shall be very glad to receive them, and see nothing impossible in his conjecture. I am glad he means to appeal to similarity of language, which I consider as the strongest kind of proof it is possible to adduce. I have somewhere read, that the language of the ancient Carthaginians is still spoken by their descendants, inhabiting the mountainous interior parts of Barbary, to which they were obliged to retire by the conquering Arabs. If so, a vocabulary of their tongue can still be got, and if your friend will get one of the Creek languages, the comparison will decide. He probably may have made progress in this business: but if he wishes any inquiries to be made on this side the Atlantic, I offer him my services cheerfully; my wish being, like his to ascertain the history of the American aborigines.

I congratulate you on the accesion of your State to the new federal constitution. This is the last I have yet heard of, but I expect daily to hear that my own has followed the good example, and suppose it to be already established. Our government wanted bracing. Still we must take care not to run from one extreme to another; not to brace too high. I own, I join those in opinion, who think a bill of rights necessary. I apprehend too, that the total abandonment of the principle of rotation in the offices of President and Senator, will end in abuse. But my confidence is, that there will, for a long time, be virtue and good sense enough in our countrymen, to correct abuses. We can surely boast of having set the world a beautiful example of a government reformed by reason alone, without bloodshed. But the world is too far oppressed to profit by the example. On this side of the Atlantic, the blood of the people has become an inheritance, and those who fatten on it, will not relinquish it easily. The struggle in this country is, as yet, of doubtful issue. It is, in fact, between the monarchy and the parliaments. The nation is no otherwise concerned, but as both parties may be induced to let go some of its abuses, to court the public favor. The danger is, that the people, deceived by a false cry of liberty, may be led to take side with one party, and thus give the other a pretext for crushing them still more. If they can avoid the appeal to arms, the nation will be sure to gain much by this controversy. But if that appeal is made, it will depend entirely on the disposition of the army, whether it issue in liberty or despotism. Those dispositions are not as yet known. In the mean time, there is great probability that the war kindled in the east, will spread from nation to nation, and, in the long run, become general.

*****

I am, with the most sincere esteem and attachment, my dear; Sir, your friend and servant,

Th: Jefferson.



LETTER CXLVII.—TO MR. BELLINI, July 25,1788

TO MR. BELLINI.

Paris, July 25,1788.

Dear Sir,

Though I have written to you seldom, you are often the object of my thoughts, and always of my affection. The truth is, that the circumstances with which I am surrounded, offer little worth detailing to you. You are too wise to feel an interest in the squabbles, in which the pride, the dissipations, and the tyranny of kings, keep this hemisphere constantly embroiled. Science, indeed, finds some aliment here, and you are one of her sons. But this I have pretty regularly communicated to Mr. Madison, with whom, I am sure, you participate of it. It is with sincere pleasure I congratulate you on the good fortune of our friend Mazzei, who is appointed here, to correspond with the King of Poland. The particular character given him is not well defined, but the salary is, which is more important. It is eight thousand livres a year, which will enable him to live comfortably, while his duties will find him that occupation, without which he cannot exist. Whilst this appointment places him at his ease, it affords a hope of permanence also. It suspends, if not entirely prevents, the visit he had intended to his native country, and the return to his adoptive one, which the death of his wife had rendered possible. This last event has given him three quarters of the globe elbow-room, which he had ceded to her, on condition she would leave him quiet in the fourth. Their partition of the next world will be more difficult, if it be divided only into two parts, according to the protestant faith. Having seen by a letter you wrote him, that you were in want of a pair of spectacles, I undertook to procure you some, which I packed in a box of books addressed to Mr. Wythe, and of which I beg your acceptance. This box lay forgotten at Havre the whole of the last winter, but was at length shipped, and I trust has come to hand. I packed with the spectacles three or four pair of glasses, adapted to the different periods of life, distinguished from each other by numbers, and easily changed. You see I am looking forward in hope of a long life for you; and that it may be long enough to carry you through the whole succession of glasses, is my sincere prayer. Present me respectfully to Mrs. Bellini, assure her of my affectionate remembrance of her, and my wishes for her health and happiness; and accept yourself very sincere professions of the esteem and attachment with which I am, Dear Sir, your affectionate friend and servant,

Th: Jefferson.



LETTER CXLVIII.—TO JAMES MADISON, July 31, 1788

TO JAMES MADISON.

Paris, July 31, 1788.

Dear Sir,

My last letters to you were of the 3rd and the 25th of May. Yours from Orange, of April the 22nd, came to hand on the 10th instant.

My letter to Mr. Jay containing all the public news that is well authenticated, I will not repeat it here, but add some details in the smaller way, which you may be glad to know. The disgrace of the Marquis de la Fayette, which, at any other period of their history, would have had the worst consequences for him, will, on the contrary, mark him favorably to the nation, at present. During the present administration, he can expect nothing; but perhaps it may serve him with their successors, whenever a change shall take place. No change of the Principal will probably take place, before the meeting of the States General; though a change is to be wished, for his operations do not answer the expectations formed of him. These had been calculated, on his brilliancy in society. He is very feebly aided too. Montmorin is weak, though a most worthy character. He is indolent and inattentive too, in the extreme. Luzerne is considerably inferior in abilities to his brother, whom you know. He is a good man too, but so much out of his element, that he has the air of one huskanoyed. The Garde des Sceaux is considered as the Principal's bull-dog, braving danger like the animal. His talents do not pass mediocrity. The Archbishop's brother, and the new minister Villedeuil, and Lambert, have no will of their own. They cannot raise money for the peace establishment the next year, without the States General; much less if there be war; and their administration will probably end with the States General.

Littlepage, who was here as a secret agent for the King of Poland, rather overreached himself. He wanted more money. The King furnished it, more than once. Still he wanted more, and thought to obtain a high bid, by saying he was called for in America, and asking leave to go there. Contrary to his expectation, he received leave; but he went to Warsaw instead of America, and from thence, to join the * * * * I do not know

[* Several paragraphs of this letter are in cipher, A few words here could not be deciphered.]

these facts certainly, but collect them, by putting several things together. The King then sent an ancient secretary here, in whom he had much confidence, to look out for a correspondent, a mere letter-writer for him. A happy hazard threw Mazzei in his way. He recommended him, and he is appointed. He has no diplomatic character whatever, but is to receive eight thousand livres a year, as an intelligencer. I hope this employment may have some permanence. The danger is, that he will over-act his part.

The Marquis de la Luzerne had been for many years married to his brother's wife's sister, secretly. She was ugly and deformed, but sensible, amiable, and rather rich. When he was ambassador to London, with ten thousand guineas a year, the marriage was avowed, and he relinquished his cross of Malta, from which he derived a handsome revenue for life, and which was very open to advancement. Not long ago, she died. His real affection for her, which was great and unfeigned, and perhaps the loss of his order, for so short-lived a satisfaction, has thrown him almost into a state of despondency. He is now here.

I send you a book of Dupont's, on the subject of the commercial treaty with England. Though its general matter may not be interesting, yet you will pick up, in various parts of it, such excellent principles and observations, as will richly repay the trouble of reading it. I send you, also, two little pamphlets of the Marquis de Condorcet, wherein is the most judicious statement I have seen, of the great questions which agitate this nation at present. The new regulations present a preponderance of good over their evil; but they suppose that the King can model the constitution at will, or, in other words, that his government is a pure despotism. The question then arising is, whether a pure despotism in a single head, or one which is divided among a king, nobles, priesthood, and numerous magistracy, is the least bad. I should be puzzled to decide: but I hope they will have neither, and that they are advancing to a limited, moderate government, in which the people will have a good share.

I sincerely rejoice at the acceptance of our new constitution by nine States. It is a good canvass, on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights. It seems pretty generally understood, that this should go to juries, habeas corpus, standing armies, printing, religion, and monopolies. I conceive there may be difficulty in finding general modifications of these, suited to the habits of all the States. But if such cannot be found, then it is better to establish trials by jury, the right of habeas corpus, freedom of the press, and freedom of religion, in all cases, and to abolish standing armies in time of peace, and monopolies in all cases, than not to do it in any. The few cases wherein these things may do evil, cannot be weighed against the multitude, wherein the want of them will do evil. In disputes between a foreigner and a native, a trial by jury may be improper. But if this exception cannot be agreed to, the remedy will be to model the jury, by giving the medietas linguae, in civil as well as criminal cases. Why suspend the habeas corpus in insurrections and rebellions? The parties who may be arrested, may be charged instantly with a well-defined crime: of course, the judge will remand them. If the public safety requires, that the government should have a man imprisoned on less probable testimony in those than in other emergencies, let him be taken and tried, retaken and retried, while the necessity continues, only giving him redress against the government, for damages. Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases, wherein the suspension of the habeas corpus has done real good, that operation is now become habitual, and the minds of the nation almost prepared to live under its constant suspension. A declaration, that the federal government will never restrain the presses from printing any thing they please, will not take away the liability of the printers for false facts printed. The declaration, that religious faith shall be unpunished, does not give impunity to criminal acts, dictated by religious error. The saying—there shall be no monopolies, lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of fourteen years; but the benefit of even limited monopolies is too doubtful, to be opposed to that of their general suppression. If no check can be found to keep the number of standing troops within safe bounds, while they are tolerated as far as necessary, abandon them altogether, discipline well the militia, and guard the magazines with them. More than magazine guards will be useless, if few, and dangerous, if many. No European nation can ever send against us such a regular army as we need fear, and it is hard, if our militia are not equal to those of Canada or Florida. My idea then, is, that though proper exceptions to these general rules are desirable, and probably practicable, yet if the exceptions cannot be agreed on, the establishment of the rules, in all cases, will do ill in very few. I hope, therefore, a bill of rights will be formed, to guard the people against the federal government, as they are already guarded against their State governments, in most instances. The abandoning the principle of necessary rotation in the Senate, has, I see, been disapproved by many: in the case of the President, by none. I readily, therefore, suppose my opinion wrong, when opposed by the majority, as in the former instance, and the totality, as in the latter. In this, however, I should have done it with more complete satisfaction, had we all judged from the same position.

Solicitations, which cannot be directly refused, oblige me to trouble you often with letters, recommending and introducing to you persons who go from hence to America. I will beg the favor of you to distinguish the letters wherein I appeal to recommendations from other persons, from those which I write on my own knowledge. In the former, it is never my intention to compromit myself or you. In both instances, I must beg you to ascribe the trouble I give you, to circumstances which do not leave me at liberty to decline it.

I am, with very sincere esteem, Dear Sir, your affectionate friend and servant,

Th: Jefferson.



LETTER CXLIX.—TO JOHN JAY, August 3, 1788

TO JOHN JAY.

Paris, August 3, 1788.

Sir,

My last letters to you were of the 4th and 23d of May, with a Postscript of the 27th. Since that, I have been honored with yours of April the 24th, May the 16th, and June the 9th.

The most remarkable internal occurrences since my last are these. The Noblesse of Bretagne, who had received with so much warmth the late innovations in the government, assembled, and drew up a memorial to the King, and chose twelve members of their body to come and present it. Among these was the Marquis de la Rouerie (Colonel Armand). The King, considering the Noblesse as having no legal right to assemble, declined receiving the memorial. The deputies, to give greater weight to it, called a meeting of the landed proprietors of Bretagne, resident at Paris, and proposed to them to add their signatures—They did so, to the number of about sixty, of whom the Marquis de la Fayette was one. The twelve deputies, for having called this meeting, were immediately sent to the Bastile where they now are, and the Parisian signers were deprived of such favors as they held of the court. There were only four of them, however, who held any thing of that kind. The Marquis de la Fayette was one of these. They had given him a military command, to be exercised in the south of France, during the months of August and September of the present year. This they took from him; so that he is disgraced, in the ancient language of the court, but in truth, honorably marked in the eyes of the nation. The ministers are so sensible of this, that they have had, separately, private conferences with him, to endeavor, through him, to keep things quiet. From the character of the province of Bretagne, it was much apprehended, for some days, that the imprisonment of their deputies would have produced an insurrection. But it took another turn. The Cours intermediaire of the province, acknowledged to be a legal body, deputed eighteen members of their body to the King. To these he gave an audience, and the answer, of which I send you a copy. This is hard enough. Yet I am in hopes the appeal to the sword will be avoided, and great modifications in the government be obtained without bloodshed. As yet none has been spilt, according to the best evidence I have been able to obtain, notwithstanding what the foreign newspapers have said to the contrary. The convocation of the States General has now become inevitable. Whenever the time shall be announced certainly, it will keep the nation quiet till they meet. According to present probabilities, this must be in the course of the next summer; but to what movements their meeting and measures may give occasion, cannot be foreseen. Should a foreign war take place, still they must assemble the States General, because they cannot, but by their aid, obtain money to carry it on. Monsieur de Malesherbes will, I believe, retire from the King's Council. He has been much opposed to the late acts of authority. The Baron de Breteuil has resigned his secretaryship of the domestic department; certainly not for the same reasons, as he is known to have been of opinion, that the King had compromitted too much of his authority. The real reason has probably been, an impatience of acting under a principal minister. His successor is M. de Villedeuil, lately Comptroller General.

The ambassadors of Tippoo Saib have arrived here. If their mission has any other object than that of pomp and ceremony, it is not yet made known. Though this court has not avowed that they are in possession of Trincomale, yet the report is believed, and that possession was taken by General Conway, in consequence of orders given in the moment that they thought a war certain. The dispute with the States General of the United Netherlands, on account of the insult to M. de St. Priest, does not tend as yet towards a settlement. He has obtained leave to go to the waters, and perhaps from thence he may come to Paris, to await events. Sweden has commenced hostilities against Russia, by the taking a little fortress by land. This having been their intention, it is wonderful, that when their fleet lately met three Russian ships of one hundred guns each, they saluted instead of taking them. The Empress has declared war against them in her turn. It is well understood, that Sweden is set on by England, and paid by the Turks. The prospect of Russia has much brightened by some late successes. Their fleet of galleys and gun-boats, twenty-seven in number, having been attacked by fifty-seven Turkish vessels of the same kind, commanded by the Captain Pacha, these were repulsed, with the loss of three vessels. In the action, which was on the 18th of June, Admiral Paul Jones commanded the right wing of the Russians, and the Prince of Nassau the left. On the 26th of the same month, the Turkish principal fleet, that is to say, their ships of the line, frigates, &c, having got themselves near the swash, at the mouth of the Borysthenes, the Prince of Nassau took advantage of their position, attacked them while so engaged in the mud that they could not manoeuvre, burnt six, among which were the admiral's and vice-admiral's, took two, and made between three and four thousand prisoners. The first reports gave this success to Admiral Paul Jones; but it is now rendered rather probable that he was not there, as he commands the vessels of war which are said not to have been there. It is supposed, that his presence in the affair of the 18th was accidental. But if this success has been so complete as it is represented, the Black Sea must be tolerably open to the Russians: in which case, we may expect, from what we know of that officer, that he will improve to the greatest advantage the situation of things on that sea. The Captain Pacha's standard was taken in the last action, and himself obliged to make his escape in a small vessel. Prince Potemkin immediately got under march for Oczakow, to take advantage of the consternation into which that place was thrown.

The Spanish squadron, after cruising off the Western Isles and Cape St. Vincent, has returned into port.

A dispute has arisen between the Papal See and the King of Naples, which may, in its progress, enable us to estimate what degree of influence that See retains at the present day. The kingdom of Naples, at an early period of its history, became feudatory to the See of Rome, and in acknowledgment thereof, has annually paid a hackney to the Pope in Rome, to which place it has always been sent by a splendid embassy. The hackney has been refused by the King this year, and the Pope, giving him three months to return to obedience, threatens, if he does not, to proceed seriously against him.

About three weeks ago a person called on me, and informed me, that Silas Deane had taken him in for a sum of one hundred and twenty guineas, and that being unable to obtain any other satisfaction, he had laid hands on his account book and letter book, and had brought them off to Paris, to offer them first to the United States, if they would repay him his money, and if not, that he should return to London, and offer them to the British minister. I desired him to leave them with me four and twenty hours, that I might judge whether they were worth our notice. He did so. They were two volumes. One contained all his accounts with the United States, from his first coming to Europe to January the 10th, 1781. Presuming that the treasury board was in possession of this account till his arrival in Philadelphia, August, 1778, and that he had never given in the subsequent part, I had that subsequent part copied from the book, and now enclose it, as it may on some occasion or other, perhaps, be useful in the treasury office. The other volume contained all his correspondences from March the 30th to August the 23d, 1777. I had a list of the letters taken by their dates and addresses, which will enable you to form a general idea of the collection. On perusal of many of them, I thought it desirable that they should not come to the hands of the British minister, and from an expression dropped by the possessor of them, I believe he would have fallen to fifty or sixty guineas. I did not think them important enough, however, to justify my purchasing them without authority; though, with authority, I should have done it. Indeed, I would have given that sum to cut out a single sentence, which contained evidence of a fact, not proper to be committed to the hands of enemies. I told him I would state his proposition to you, and await orders. I gave him back the books, and he returned to London without making any promise, that he would await the event of the orders you might think proper to give.

News of the accession of nine States to the new form of federal government has been received here about a week. I have the honor to congratulate you sincerely on this event. Of its effect at home, you are in the best situation to judge. On this side the Atlantic, it is considered as a very wise reformation. In consequence of this, speculations are already begun here, to purchase up our domestic liquidated debt. Indeed, I suspect that orders may have been previously lodged in America to do this, as soon as the new constitution was accepted effectually. If it is thought that this debt should be retained at home, there is not a moment to lose; and I know of no means of retaining it, but those I suggested to the treasury board, in my letter to them of March the 29th. The transfer of these debts to Europe will excessively embarrass, and perhaps totally prevent the borrowing any money in Europe, till these shall be paid off. This is a momentous object, and, in my opinion, should receive instantaneous attention.

The gazettes of France, to the departure of my letter, will accompany it, and those of Leyden to the 22nd of July, at which time their distribution in this country was prohibited. How long the prohibition may continue, I cannot tell. As far as I can judge, it is the only paper in Europe worth reading. Since the suppression of the packet-boats, I have never been able to find a safe conveyance for a letter to you, till the present by Mrs. Barclay. Whenever a confidential person shall be going from hence to London, I shall send my letters for you to the care of Mr. Trumbull, who will look out for safe conveyances. This will render the epochs of my writing very irregular. There is a proposition under consideration, for establishing packet-boats on a more economical plan, from Havre to Boston; but its success is uncertain, and still more, its duration.

I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,

Th: Jefferson.



LETTER CL.—TO COLONEL MONROE, August 9, 1788

TO COLONEL MONROE.

Paris, August 9, 1788.

Dear Sir,

Since my last to you, I have to thank your for your favors of July the 27th, 1787, and April the 10th, 1788, and the details they contained; and in return, will give you now the leading circumstances of this continent.

*****

This nation is at present under great internal agitation. The authority of the crown on one part, and that of the parliaments on the other, are fairly at issue. Good men take part with neither, but have raised an opposition, the object of which is to obtain a fixed and temperate constitution. There was a moment when this opposition ran so high, as to endanger an appeal to arms, in which case, perhaps, it would have been crushed. The moderation of government has avoided this, and they are yielding daily one right after another to the nation. They have given them Provincial Assemblies, which will be very perfect representations of the nation, and stand somewhat in the place of our State Assemblies; they have reformed the criminal law; acknowledged the King cannot lay a new tax, without the consent of the States General; and they will call the States General the next year. The object of this body, when met, will be a bill of rights, a civil list, a national assembly meeting at certain epochs, and some other matters of that kind. So that I think it probable this country will, within two or three years, be in the enjoyment of a tolerably free constitution, and that without its having cost them a drop of blood; for none has yet been spilt, though the English papers have set the whole nation to cutting throats.

Be assured of those sentiments of esteem and attachment, with which I am, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CLI.—TO MONSIEUR DE CREVE-COEUR, August 9, 1788

TO MONSIEUR DE CREVE-COEUR.

Paris, August 9, 1788.

Dear Sir,

While our second revolution is just brought to a happy end with you, yours here is but cleverly under way. For some days I was really melancholy with the apprehension, that arms would be appealed to, and the opposition crushed in its first efforts. But things seem now to wear a better aspect. While the opposition keeps at its highest wholesome point, government, unwilling to draw the sword, is not forced to do it. The contest here is exactly what it was in Holland: a contest between the monarchical and aristocratical parts of the government for a monopoly of despotism over the people. The aristocracy in Holland, seeing that their common prey was likely to escape out of their clutches, chose rather to retain its former portion, and therefore coalesced with the single head. The people remained victims. Here, I think, it will take a happier turn. The parliamentary part of the aristocracy is alone firmly united. The Noblesse and Clergy, but especially the former, are divided partly between the parliamentary and the despotic party, and partly united with the real patriots, who are endeavoring to gain for the nation what they can, both from the parliamentary and the single despotism. I think I am not mistaken in believing, that the King and some of his ministers are well affected to this band; and surely, that they will make great cessions to the people, rather than small ones to the parliament. They are, accordingly, yielding daily to the national reclamations, and will probably end in according a well-tempered constitution. They promise the States General for the next year, and I have good information that an Arret will appear the day after to-morrow, announcing them for May, 1789. How they will be composed, and what they will do, cannot be foreseen. Their convocation, however, will tranquillize the public mind, in a great degree, till their meeting. There are, however, two intervening difficulties. 1. Justice cannot till then continue completely suspended, as it now is. The parliament will not resume their functions, but in their entire body. The bailliages are afraid to accept of them. What will be done? 2. There are well-founded fears of a bankruptcy before the month of May. In the mean time, the war is spreading from nation to nation. Sweden has commenced hostilities against Russia; Denmark is showing its teeth against Sweden; Prussia against Denmark; and England too deeply engaged in playing the back game, to avoid coming forward, and dragging this country and Spain in with her. But even war will not prevent the assembly of the States General, because it cannot be carried on without them. War, however, is not the most favorable moment for divesting the monarchy of power. On the contrary, it is the moment when the energy of a single hand shows itself in the most seducing form.

A very considerable portion of this country has been desolated by a hail. I considered the newspaper accounts of hailstones of ten pounds weight as exaggerations. But in a conversation with the Duke de la Rochefoucault the other day, he assured me, that though he could not say he had seen such himself, yet he considered the fact as perfectly established. Great contributions, public and private, are making for the sufferers. But they will be like the drop of water from the finger of Lazarus. There is no remedy for the present evil, nor way to prevent future ones, but to bring the people to such a state of ease, as not to be ruined by the loss of a single crop. This hail may be considered as the coup de grace to an expiring victim. In the arts there is nothing new discovered since you left us, which is worth communicating. Mr. Paine's iron bridge was exhibited here with great approbation. An idea has been encouraged of executing it in three arches at the King's garden. But it will probably not be done.