I am, with sentiments of perfect esteem and attachment, Dear Sir, your most obedient and most humble servant,

Th: Jefferson.



LETTER CLII.—TO JOHN JAY, August 10, 1788

TO JOHN JAY.

Paris, August 10, 1788.

Sir,

I have waited till the last moment of Mrs. Barclay's departure, to write you the occurrences since my letter of the 3rd instant. We have received the Swedish account of an engagement between their fleet and the Russian, on the Baltic, wherein they say they took one, and burned another Russian vessel, with the loss of one on their side, and that the victory remained with them. They say, at the same time, that their fleet returned into port, and the Russians kept the sea; we must, therefore, suspend our opinion till we get the Russian version of this engagement. The Swedish manifesto was handed about to-day at Versailles, by the Swedish ambassador, in manuscript. The King complains that Russia has been ever endeavoring to sow divisions in his kingdom, in order to re-establish the ancient constitution; that he has long borne it, through a love of peace, but finds it no longer bearable: that still, however, he will make peace on these conditions; 1. That the Empress punishes her minister for the note he gave in to the court of Stockholm; 2. that she restore Crimea to the Turks; and 3. that she repay to him all the expenses of his armament. The Russian force, in vessels of war on the Black Sea, are five frigates, and three ships of the line; but those of the line are shut up in port, and cannot come out till Oczakow shall be taken. This fleet is commanded by Paul Jones, with the rank of rear-admiral. The Prince of Nassau commands the galleys and gun-boats. It is now ascertained, that the States General will assemble the next year, and probably in the month of May. Tippoo Saib's ambassadors had their reception to-day at Versailles with unusual pomp. The presence was so numerous, that little could be caught of what they said to the king, and he answered to them: from what little I could hear, nothing more passed than mutual assurances of good will. The name of the Marechal de Richelieu is sufficiently remarkable in history, to justify my mentioning his death, which happened two days ago; he was aged ninety-two years.

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

Th: Jefferson.



LETTER CLIII.—TO JOHN JAY, August 11, 1788

TO JOHN JAY.

Paris, August 11, 1788.

Sir,

In my letter of the last night, written in the moment of Mrs. Barclay's departure, I had the honor of mentioning to you, that it was now pretty certain that the States General would be assembled in the next year, and probably in the month of May. This morning an Arret is published, announcing that their meeting is fixed on the first day of May next, of which I enclose you a copy by post, in hopes it will get to Bordeaux in time for Mrs. Barclay. This Arret ought to have a great effect towards tranquillizing the nation. There are still, however, two circumstances which must continue to perplex the administration. The first is, the want of money, occasioned not only by the difficulty of filling up the loan of the next year, but by the withholding the ordinary supplies of taxes, which is said to have taken place in some instances: this gives apprehension of a bankruptcy under some form or other, and has occasioned the stocks to fall, in the most alarming manner. The second circumstance is, that justice, both civil and criminal, continues suspended. The parliament will not resume their functions, but with their whole body, and the greater part of the bailliages declined acting; the present Arret announces a perseverance in this plan. I have information from Algiers, of the 5th of June, that the plague is raging there, with great violence; that one of our captives was dead of it, and another ill, so that we have there, in all, now, only fifteen or sixteen; that the captives are more exposed to its ravages, than others; that the great redemptions by the Spaniards, Portuguese, and Neapolitans, and the havoc made by the plague, had now left not more than four hundred slaves in Algiers; so that their redemption was become not only exorbitant, but almost inadmissible; that common sailors were held at four hundred pounds sterling, and that our fifteen or sixteen could probably not be redeemed for less than from twenty-five to thirty thousand dollars. An Algerine cruiser, having twenty-eight captives of Genoa aboard, was lately chased ashore, by two Neapolitan vessels: the crew and captives got safe ashore, and the latter, of course, recovered their freedom. The Algerine crew was well treated, and would be sent back by the French. But the government of Algiers demands of France, sixty thousand sequins, or twenty-seven thousand pounds sterling, for the captives escaped; that is, nearly one thousand pounds each. The greater part of the regency were for an immediate declaration of war against France; but the Dey urged the heavy war the Turks were at present engaged in; that it would be better not to draw another power on them, at present; that they would decline renewing the treaty of one hundred years, which expired two years ago, so as to be free to act hereafter; but, for the present, they ought to accept payment for the captives, as a satisfaction. They accordingly declared to the French consul, that they would put him, and all his countrymen there, into irons, unless the sixty thousand sequins were paid: the consul told them, his instructions were, positively, that they should not be paid. In this situation stood matters between that pettifogging nest of robbers and this great kingdom, which will finish, probably, by crouching under them, and paying the sixty thousand sequins. From the personal characters of the present administration, I should have hoped, under any other situation than the present, they might have ventured to quit the beaten track of politics hitherto pursued, in which the honor of their nation has been calculated at nought, and to join in a league for keeping up a perpetual cruise against these pirates, which, though a slow operation, would be a sure one for destroying all their vessels and seamen, and turning the rest of them to agriculture. But a desire of not bringing upon themselves another difficulty, will probably induce the ministers to do as their predecessors have done.

August 12. The enclosed paper of this morning gives some particulars of the action between the Russians and Swedes, the manifesto of the Empress, and the declaration of the court of Versailles, as to the affair of Trincomale.

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

Th: Jefferson.



LETTER CLIV.—TO WILLIAM CARMICHAEL, August 12, 1788

TO WILLIAM CARMICHAEL.

Paris, August 12, 1788.

Dear Sir,

Since my last to you, I have been honored with yours of the 18th and 29th of May, and 5th of June. My latest American intelligence is of the 24th of June, when nine certainly, and probably ten States, had accepted the new constitution, and there was no doubt of the eleventh (North Carolina), because there was no opposition there. In New York, two thirds of the State were against it, and certainly if they had been called to the decision, in any other stage of the business, they would have rejected it; but before they put it to the vote, they would certainly have heard that eleven States had joined in it, and they would find it safer to go with those eleven, than put themselves into opposition, with Rhode Island only. Though I am much pleased with this successful issue of the new constitution, yet I am more so, to find that one of its principal defects (the want of a declaration of rights) will pretty certainly be remedied. I suppose this, because I see that both people and conventions, in almost every State, have concurred in demanding it. Another defect, the perpetual re-eligibility of the same President, will probably not be cured, during the life of General Washington. His merit has blinded our countrymen to the danger of making so important an officer re-eligible. I presume there will not be a vote against him, in the United States. It is more doubtful, who will be Vice-President. The age of Dr. Franklin, and the doubt whether he would accept it, are the only circumstances that admit a question, but that he would be the man. After these two characters of first magnitude, there are so many which present themselves equally, on the second line, that we cannot see which of them will be singled out. John Adams, Hancock, Jay, Madison, Rutledge, will be all voted for. Congress has acceded to the prayer of Kentucky to become an independent member of the Union. A committee was occupied in settling the plan of receiving them, and their government is to commence on the 1st day of January next.

You are, I dare say, pleased, as I am, with the promotion of our countryman, Paul Jones. He commanded the right wing, in the first engagement between the Russian and Turkish galleys; his absence from the second, proves his superiority over the Captain Pacha, as he did not choose to bring his ships into the shoals in which the Pacha ventured, and lost those entrusted to him. I consider this officer as the principal hope of our future efforts on the ocean. You will have heard of the action between the Swedes and Russians, on the Baltic; as yet, we have only the Swedish version of it. I apprehend this war must catch from nation to nation, till it becomes general.

With respect to the internal affairs of this country, I hope they will be finally well arranged, and without having cost a drop of blood. Looking on as a by-stander, no otherwise interested, than as entertaining a sincere love for the nation in general, and a wish to see their happiness promoted, keeping myself clear of the particular views and passions of individuals, I applaud extremely the patriotic proceedings of the present ministry. Provincial Assemblies established, the States General called, the right of taxing the nation without their consent abandoned, corvees abolished, torture abolished, the criminal code reformed, are facts which will do eternal honor to their administration, in history. But were I their historian, I should not equally applaud their total abandonment of their foreign affairs. A bolder front in the beginning, would have prevented the first loss, and consequently, all the others. Holland, Prussia, Turkey, and Sweden, lost without the acquisition of a single new ally, are painful reflections for the friends of France. They may, indeed, have in their places the two empires, and perhaps Denmark; in which case, physically speaking, they will stand on as good ground as before, but not on as good moral ground. Perhaps, seeing more of the internal working of the machine, they saw, more than we do, the physical impossibility of having money to carry on a war. Their justification must depend on this, and their atonement, on the internal good they are doing to their country; this makes me completely their friend.

I am, with great esteem and attachment, Dear Sir, you friend and servant,

Th: Jefferson.



LETTER CLV.—TO M. CATHALAN, August 13,1788

TO M. CATHALAN.

Paris, August 13,1788.

Sir,

I have to acknowledge the receipt of your two favors, of June, and July the 11th, and to thank you for the political intelligence they contained, which is always interesting to me. I will ask a continuance of them, and especially that you inform me, from time to time, of the movements in the ports of Marseilles and Toulon, which may seem to indicate peace or war. These are the most certain presages possible; and being conveyed to me from all the ports, they will always enable me to judge of the intentions or expectations of the ministry, and to notify you of the result of the intelligence from all the ports, that you may communicate it to the American commerce.

I have the pleasure to inform you, that the new constitution proposed to the United States, has been established by the votes of nine States. It is happy for us to get this operation over before the war kindled in Europe could affect us, as by rendering us more respectable, we shall be more probably permitted, by all parties, to remain neutral.

I take the liberty of putting under your cover a letter for Mr. Bernard, containing some seeds, and another to Giuseppe Chiappe, our consul at Mogadore. I thank you for your settlement of the price of the Observations Meteorologiques, and I have repaid the sixty livres to Sir John Lambert, in your name. When the nursery man, whom you have been so good as to employ to prepare the olives and olive plants, to be sent to Charleston, shall be executing that commission, I shall be glad if he will, at the same time, prepare a few plants only, of the following kinds. Figs, the best kind for drying, and the best kind for eating fresh, raisins, the best kind for drying, prugnolles, cork trees, pistaches, capers. I desire only a few plants of each of these, that they may not take too much of the place of the olives, which is our great object, and the sole one we have at heart. If you will be so good as to give the nursery man this order immediately, it will save you the necessity of recurring to my letter, when the season comes.

I have the honor to be, with great and sincere esteem, Sir, your most obedient and most humble servant,

Th: Jefferson.



LETTER CLVI.—TO JOHN JAY, August 20,1788

TO JOHN JAY.

Paris, August 20,1788.

Sir,

I had the honor to write to you on the 3rd, 10th, and 11th instant, with a postscript of the 12th; all of which went by Mrs. Barclay. Since that date, we have received an account of a third victory obtained by the Russians over the Turks, on the Black Sea, in which the Prince of Nassau, with his galleys, destroyed two frigates, three smaller vessels, and six galleys. The Turkish power on that sea is represented, by their enemies, as now annihilated. There is reason to believe, however, that this is not literally true, and that aided by the supplies furnished by the English, they are making extraordinary efforts to re-establish their marine. The Russian minister here has shown the official report of Admiral Greigh, on the combat of July the 17th, in which he claims the victory, and urges in proof of it, that he kept the field of battle. This report is said to have been written on it. As this paper, together with the report of the Swedish admiral, is printed in the Leyden gazette of the 15th instant, I enclose it to you. The court of Denmark has declared, it will furnish Russia the aid stipulated in their treaty: and it is not doubted they will go beyond this, and become principals in the war. The next probable moves are, that the King of Prussia will succor Sweden; and Poland, Russia, by land: and a possible consequence is, that England may send a squadron into the Baltic, to restore equilibrium in that sea. In my letter of the 11th, I observed to you, that this country would have two difficulties to struggle with, till the meeting of their States General, and that one of these was the want of money: this has, in fact, overborne all their resources, and the day before yesterday, they published an Arret, suspending all reimbursements of capital, and reducing the payments of the principal mass of demands for interest, to twelve sous in the livre; the remaining eight sous to be paid with certificates. I enclose you a newspaper with the Arret. In this paper you will see the exchange of yesterday, and I have inserted that of the day before, to show you the fall. The consternation is, as yet, too great to let us judge of the issue. It will probably ripen the public mind to the necessity of a change in their constitution, and to the substituting the collected wisdom of the whole, in place of a single will, by which they have been hitherto governed. It is a remarkable proof of the total incompetency of a single head to govern a nation well, when, with a revenue of six hundred millions, they are led to a declared bankruptcy, and to stop the wheels of government, even in its most essential movements, for want of money.

I send the present letter by a private conveyance to a sea-port, in hopes a conveyance may be found by some merchant vessel.

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

Th: Jefferson.



LETTER CLVII.—TO MR. CUTTING, August 23, 1788

TO MR. CUTTING.

Paris, August 23, 1788.

Dear Sir,

I have duly received your favors of the 3rd, 8th, 14th, and 15th instant, and have now the honor of enclosing you a letter of introduction to Doctor Ramsay.

I think a certainty that England and France must enter into the war, was a great inducement to the ministry here to suspend the portion of public payments, which they have lately suspended. By this operation, they secure two hundred and three millions of livres, or eight millions and a half of guineas, in the course of this and the ensuing year, which will be sufficient for the campaign of the first year: for what is to, follow, the States General must provide. The interesting question now is, how the States General shall be composed? There are three opinions. 1. To place the three estates, Clergy, Noblesse, and Commons, in three different Houses. The Clergy would, probably, like this, and some of the Nobility; but it has no partisans out of those orders. 2. To put the Clergy and Noblesse into one House, and the Commons into another. The Noblesse will be generally for this. 3. To put the three orders into one House, and make the Commons the majority of that House. This re-unites the greatest number of partisans, and I suspect it is well patronized in the ministry, who, I am persuaded, are proceeding bona fide, to improve the constitution of their country. As to the opposition which the English expect from the personal character of the King, it proves they do not know what his personal character is. He is the honestest man in his kingdom, and the most regular and economical. He has no foible which will enlist him against the good of his people; and whatever constitution will promote this, he will befriend. But he will not befriend it obstinately: he has given repeated proofs of a readiness to sacrifice his opinion to the wish of the nation. I believe he will consider the opinion of the States General, as the best evidence of what will please and profit the nation, and will conform to it. All the characters at court may not be of this disposition, and from thence may, possibly, arise representations, capable of leading the King astray; but upon a full view of all circumstances, I have sanguine hopes, that such a constitution will be established here, as will regenerate the energy of the nation, cover its friends, and make its enemies tremble. I am, with very great esteem, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CLVIII.—TO JOHN JAY, September 3, 1788

TO JOHN JAY.

Paris, September 3, 1788.

Sir,

By Mrs. Barclay I had the honor of sending you letters of the 3rd, 10th, and 11th of August; since which, I wrote you of the 20th of the same month, by a casual conveyance, as is the present.

In my letter of the 20th, I informed you of the act of public bankruptcy which had taken place here. The effect of this would have been a forced loan of about one hundred and eighty millions of livres, in the course of the present and ensuing year. But it did not yield a sufficient immediate relief. The treasury became literally moneyless, and all purposes depending on this mover came to a stand. The Archbishop was hereupon removed, with Monsieur Lambert, the Comptroller General; and Mr. Necker was called in, as Director General of the finance. To soften the Archbishop's dismission, a cardinal's hat is asked for him from Rome, and his nephew promised the succession to the Archbishopric of Sens. The public joy, on this change of administration, was very great indeed. The people of Paris were amusing themselves with trying and burning the Archbishop in effigy, and rejoicing on the appointment of Mr. Necker. The commanding officer of the city-guards undertook to forbid this, and not being obeyed, he charged the mob with fixed bayonets, killed two or three, and wounded many: this stopped their rejoicings for that day; but enraged at being thus obstructed in amusements wherein they had committed no disorder whatever, they collected in great numbers the next day, attacked the guards in various places, burnt ten or twelve guard-houses, killed two or three of the guards, and had about six or eight of their own number killed. The city was hereupon put under martial law, and after a while, the tumult subsided, and peace was restored. The public stocks rose ten per cent, on the day of Mr. Necker's appointment: he was immediately offered considerable sums of money, and has been able so far to wave the benefit of the act of bankruptcy, as to pay in cash all demands, except the remboursements des capitaux. For these, and for a sure supply of other wants, he will depend on the States General, and will hasten their meetings, as is thought. No other change has yet taken place in the administration. The minister of war, however, must certainly follow his brother, and some think, and all wish, that Monsieur de Lamoignon, the Garde des Sceaux, may go out also. The administration of justice is still suspended. The whole kingdom seems tranquil at this moment.

Abroad, no event worth noting has taken place since my last. The court of Denmark has not declared it will do any thing more, than furnish the stipulated aid to Russia. The King of Prussia has as yet made no move, which may decide whether he will engage in the war, nor has England sent any squadron into the Baltic. As the season for action is considerably passed over, it is become more doubtful, whether any other power will enter the lists till the next campaign; this will give time for stopping the further progress of the war, if they really wish to stop it. Two camps of twenty-five thousand men each are forming in this country on its northern limits. The Prince of Conde has the command of one, and the Duke de Broglio of the other.

I trouble you with the enclosed letter from a Henry Watson, claiming prize monies, as having served under Admiral Paul Jones, which I suppose should go to the treasury, or war-office.

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

Th: Jefferson,



LETTER CLIX.—TO THE COMMISSIONERS OF THE TREASURY, Sep. 6, 1788

TO THE COMMISSIONERS OF THE TREASURY.

Paris, September 6, 1788.

Gentlemen,

Your favor of July the 3rd came to hand some days ago, and that of July the 22nd in the afternoon of yesterday. Knowing that a Mr. Vannet was to leave Paris this morning to go to Virginia in a vessel bound from Havre to Potomac, I have engaged him to receive the papers which are the subject of those letters, to take care of them from thence to Havre, and on the voyage; and when he shall have arrived in Potomac, instead of going directly to Richmond, as he intended, he will proceed with them himself to New York. I shall pay here all expenses to their delivery at the ship's side in America, freight included: unless, perhaps, he may find it necessary to put another covering over them, if he should not be able to get them into the cabin; in this case, you will have to reimburse him for that. I engage to him that you shall pay him their transportation from the ship's side to New York, and his own reasonable expenses from the place of his landing to New York, and back to the place of landing. As he takes that journey for this object only, it would be reasonable that you give him some gratuity for his time and trouble, and I suppose it would be accepted by him; but I have made no agreement for this. The papers are contained in a large box and a trunk. They were sent here by Mr. Ast, during my absence in Holland. When they arrived at the gates of Paris, the officers of the customs opened the trunk, to see whether it contained dutiable articles; but finding only books and papers, they concluded the contents of the box to be of the same nature, and did not open that. You receive it, therefore, as it came from the hands of Mr. Ast. A small trunk, which came as a third package from Mr. Ast, and which has never been opened, I have put into the great trunk, without displacing, or ever having touched a single paper, except as far as was necessary to make room for that. I shall have the whole corded and plumbed by the Custom-house here, not only to prevent their being opened at the Custom-houses on the road, and at the port of exportation, but to prove to you, whether they shall have been opened by any body else after going out of my hands. If the stamped leads are entire, and the cords uncut, when you receive them, you will be sure they have not been opened; they will be wrapt in oil-cloth here to guard them against the damps of the sea; and, as I mentioned before, Mr. Vannet will put them under another covering, if he finds it necessary, at Havre.

At the same time with your last letter, I received from the office of Foreign Affairs the ratification by Congress of the loan of 1788, for another million of guilders. As the necessity of this loan resulted from the estimate made by Mr. Adams and myself, which estimate was laid before Congress, I suppose their ratification of the loan implies that of the estimate. One article of this was for the redemption of our captives at Algiers. Though your letter says nothing on this subject, I am in hopes you have sent orders to the commissioners of the loans at Amsterdam to furnish, as soon as they shall have it, what may be necessary for this pressing call. So also for the foreign officers. If the ratification of the loan has been made by Congress, with a view to fulfil the objects of the estimate, a general order from you to the commissioners of the loans at Amsterdam, to pay the monies from time to time, according to that estimate, or to such other as you shall furnish them with, might save the trouble of particular orders on every single occasion, and the disappointments arising from the delay or miscarriage of such orders: but it is for you to decide on this.

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

Th: Jefferson.



LETTER CLX.—TO THE COUNT DE MONTMORIN,

TO THE COUNT DE MONTMORIN.

Paris, September 11, 1788.

Sir,

In the course of the last war, the house of Schweighaeuser and Dobree of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes: and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by arbitrators, to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter, too, they make a merit of not having seized one of our ships of war, and certainly the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you for the immediate delivery of the stores and other property of the United States at Nantes, detained by the house of Schweighaeuser and Dobree, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.

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

Th: Jefferson.



LETTER CLXI.—TO M. DE REYNEVAL, September 16, 1788

TO M. DE REYNEVAL.

Sir,

Paris, September 16, 1788.

I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation shall be established in the territories of the other; and the ninth, insisting that the ship's roll shall be conclusive evidence that a person belongs to the ship.

There are several new matters introduced into the draught: some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain's word shall be conclusive evidence that he is not there.

To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.

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

Th: Jefferson.



LETTER CLXII.—TO THE MARQUIS DE LA ROUERIE, September 16,1788

TO THE MARQUIS DE LA ROUERIE.

Paris, September 16,1788.

Sir,

On receiving the first letters which you did me the honor to write to me on the arrears due to you from the United States, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor any thing I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.

Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject may cease. I presume that the certificate given you points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject.

I am, Sir, your humble servant,

Th: Jefferson.



LETTER CLXIII.—TO WILLIAM SHORT, September 20, 1788

TO WILLIAM SHORT.

Paris, September 20, 1788.

Dear Sir,

The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it. The passport now enclosed came the day after your departure; so also did a mass of American letters for me, as low down as August the 10th. I shall give you their substance. The convention of Virginia annexed to their ratification of the new constitution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added also propositions for specific alterations of the constitution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights (that is, Virginia's), and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these, what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the third week in March:—the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded: so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island Delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived. Congress had referred the decision, as to the independence of Kentucky, to the new government. Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war.

The following is a quotation from a letter from Virginia, dated July the 12th. 'P———n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new constitution, as if he had been a young man; perhaps more than he discovered in the commencement of the late revolution,in his opposition to Great Britain. W———e acted as chairman to the committee of the whole, and of course took but little part in the debate; but was for the adoption, relying on subsequent amendments. B———r said nothing, but was for it. The G———r exhibited a curious spectacle to view. Having refused to sign the paper, every body supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show, that his present conduct was consistent with that letter, and that letter with his refusal to sign. M—d—n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I—nn—s, Lee, M———l, C———n, and G. N———s. M—s—n, H———y, and Gr———n were the principal supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety, and respect of either party to the other.'

The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones, resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke, dead, and Joseph Egglestone, resigned. It is said Wilson, of Philadelphia, is talked of to succeed Mr. A. in London. Quaere?

The dispute about Virgil's tomb and the laurel, seems to be at length settled, by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough recently cut, and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller, to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.

The President Dupaty is dead. Monsieur de Barentin, premier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and, therefore, on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva poste restante. I shall not write again till you tell me where to write to.

Accept very sincere assurances of the affection, with which I am, Dear Sir, your friend and servant,

Th; Jefferson.



LETTER CLXIV.—TO JOHN JAY, September 24,1788

TO JOHN JAY.

Paris, September 24,1788.

Sir,

Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3rd and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea must have been greatly exaggerated. According to these, the Captain Pacha's fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be, that he has suffered some checks, of what magnitude it is impossible to say, where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor's situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the mean time the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden has been successful in every point by sea and land, This, with the interference of Denmark, and the discontent of the Swedish nation; at the breach of their constitution, by the King's undertaking an offensive war without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north (which it is absolutely in their power to do), it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.

The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d'Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22nd, from the treasury board, on another subject, but none on that of the captives, or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the treasury board.

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

Th: Jefferson,



LETTER CLXV.—TO M. DE REYNEVAL, October 1, 1788

TO M. DE REYNEVAL.

Paris, October 1, 1788

Sir,

I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighaeuser and Dobree, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever made; to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the mean time, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country has occasioned us to draw them from hence alone, since the peace: and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant,

Th: Jefferson.



LETTER CLXVI.—TO MR. CUTTING, October 2, 1788

TO MR. CUTTING.

Paris, October 2, 1788.

Dear Sir,

I am now to acknowledge the receipt of your favors of the 16th and 23rd ultimo and to thank you for the intelligence they conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make noise. So evident a heresy in the common law ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court: because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale-fisheries turn out, this year? I hope a deep wound will be given them in that article soon, and such as will leave us in no danger from their competition.

*****

I am, with very great esteem, Dear Sir, your most obedient, humble servant,

Th: Jefferson.



LETTER CLXVII.—TO JOHN JAY, November 14, 1788

TO JOHN JAY.

Paris, November 14, 1788.

Sir,

In my letter of December the 21st, 1787, I had the honor of acknowledging the receipts of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the Arret which came out the 29th of December, and willing to leave some interval between that act, and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusions till this time: it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:

The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.

That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.

Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.

The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.

So is that, which declared the indelibility of the character of subject, and the explanation and extension of the eleventh article of the treaty of amity.

The innovations in the laws of evidence are done away: and the convention is limited to twelve years' duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished, still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.

I enclose herewith the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1. is the convention of 1784. No. 2. is my first scheme. No. 3. theirs in answer to it. No. 4. my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5. the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784, (marked No. 1.) are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.

With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent, or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation. Native citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction; and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L'Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good native citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable to declare, by a standing law, that no person but a native citizen shall be capable of the office of consul, and that the consul's presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office of consul, and to native citizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul, be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws, and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice-consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.

It is now proper I should give some account of the state of our dispute with Schweighaeuser and Dobree. In the conversation I had with Dobree, at Nantes, he appeared to think so rationally on this subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused all accommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign, to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighaeuser and Dobree. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun-stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighaeuser and Dobree, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.

I have received no answer yet from Denmark on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence, in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the mean time.

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

servant,

Th: Jefferson.

[The following is the translation of the convention referred to as No. 5. in the preceding letter.]

Convention between his Most Christian Majesty and the United States of America, for the purpose of defining and establishing the Functions and Privileges of their respective Consuls and Vice-Consuls.

His Majesty the Most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, Vice-Consuls, Agents, and Commissaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, citizen of the United States of America and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:

Article I. The Consuls and Vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States; there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals, and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges, reciprocally granted, without exacting from the said Consuls and Vice-Consuls any fee, under any pretext whatever.

Article II. The Consuls and Vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained: they shall be exempt from aU, personal service, from soldiers' billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals: and in all other instances they shall be subject to the laws of the land, as the natives are.

Those of the said Consuls and Vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges, and impositions established on other merchants.

They shall place over the outward door of their house the arms of their sovereign: but this mark of indication shall not give to the said house any privilege of asylum for any person or property whatsoever.

Article III. The respective Consuls and Vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents maybe chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators, and vessels, without the said agents otherwise participating in the immunities, rights, and privileges attributed to Consuls and Vice-Consuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.

Article IV. The Consuls and Vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by decedents, or saved from shipwreck.

They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences, and other consular acts, and also to discharge the functions of notaries and registers of the consulate.

Article V. The Consuls and Vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and other disposals by last will: and the copies of the said acts, duly authenticated by the said Consuls or Vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and of the United States.

They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian, or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein, in any manner whatsoever: but the said Consuls and Vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed, or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor's giving sufficient surety resident in the country, to refund the sums he shall have unduly received, principal, interest, and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the* representatives who shall present themselves.

And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and Vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.

Article VI. The Consuls and Vice-Consuls, respectively, shall receive the declarations, protests, and reports of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and Vice-Consuls, the acts which they may have made in other ports, on account of the accidents which may have happened to them on their voyage. If a subject of the M. C. K. and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or Vice-Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or Vice-Consuls shall appoint skilful persons to settle the damages and average.

Article VII. In cases where by tempest, or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of the dominions of the M. C. K.,the Consul or Vice-Consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the effects and merchandise saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give to the Consuls, Vice-Consuls, captain, and crew of the vessels shipwrecked or stranded, all the succor and favor which they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbance.

And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed that when there shall be no Consul or Vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or Vice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty, and precautions, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or Vice-Consul, and shall deliver over to him the report of his proceedings, the expenses of which the Consul and Vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck.

The merchandise and effects saved, shall be deposited in the nearest Custom-house, or other place of safety, with the inventory thereof, which shall have been made by the Consul or Vice-Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchandise may be afterwards delivered (after levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or Vice-Consul, shall reclaim them by themselves, or by their order, either for the purpose of re-exporting such merchandise, in which case, they shall-pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandise, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck.

Article VIII. The Consuls and Vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substitutions there to be made. For which purpose they may go on board the said vessels whenever they may judge it necessary: well understood, that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interference with the police of the ports where the said vessels shall be.

Article IX. The Consuls and Vice-Consuls may cause to be arrested the captains, officers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, the said Consuls and Vice-Consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, that those men were part of the said crews: and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused ; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls, for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.

Article X. In cases where the respective subjects, or citizens, shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country.

Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country: these shall give notice thereof to the Consul or Vice-Consul, who may repair on board, if he thinks proper: but this notification shall not, in any case, delay execution of the order in question. The persons arrested shall not afterwards be set at liberty, until the Consul or Vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again onboard of the vessel on which they were arrested, or of others of their nation, and to be sent out of the country.

Article XII. All differences and suits between the subjects of the M. C. K. in the U. S., or between the citizens of the United States within the dominions of the M. C. K. and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and Vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs.

No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter: and the appeals from the said consular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.

Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting the decision of commercial affairs, the merchants of the U. S. shall enjoy the benefit of these establishments; and the Congress of the U. S. will provide in the manner the most conformable to its laws, equivalent advantages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.

Article XIV. The subjects of the M. C. K. and citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectively, shall, in consequence, enjoy an exemption from all personal service in the place of their settlement.

Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the Consuls and Vice-Consuls of the M. C. K. or of the U. S., reciprocally, shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.

Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible.

In faith whereof, we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms.

Done at Versailles, the 14th of November, one thousand seven hundred and eighty eight.

L. C. De MONTMORIN. L. S.

Signed.

Th: Jefferson. L. S.



LETTER CLXVIII.—TO JAMES MADISON, November 18, 1788

TO JAMES MADISON.

Paris, November 18, 1788.

Dear Sir,

My last to you was of the 31st of July; since which, I have received yours of July the 24th, August the 10th, and 23rd. The first part of this long silence in me was occasioned by a knowledge that you were absent from New York; the latter part, by a want of opportunity, which has been longer than usual. Mr. Shippen being just arrived here, and to set out to-morrow for London, I avail myself of that channel of conveyance. Mr. Carrington was so kind as to send me the second volume of the American Philosophical Transactions, the Federalist, and some other interesting pamphlets; and I am to thank you for another copy of the Federalist, and the report of the instructions to the ministers for negotiating peace. The latter unluckily omitted exactly the passage I wanted, which was what related to the navigation of the Mississippi. With respect to the Federalist, the three authors had been named to me. I read it with care, pleasure, and improvement, and was satisfied there was nothing in it by one of those hands, and not a great deal by a second. It does the highest honor to the third, as being, in my opinion, the best commentary on the principles of government, which ever was written. In some parts, it is discoverable that the author means only to say what may be best said in defence of opinions, in which he did not concur. But in general, it establishes firmly the plan of government. I confess, it has rectified me on several points. As to the bill of rights, however, I still think it should be added; and I am glad to see, that three States have at length considered the perpetual re-eligibility of the President, as an article which should be amended. I should deprecate with you, indeed, the meeting of a new convention. I hope they will adopt the mode of amendment by Congress and the Assemblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable, not to be entitled to some sacrifice of opinion in the majority; especially, when a great proportion of them would be contented with a bill of rights. Here, things internally, are going on well. The Notables now in session, have, indeed, passed one vote, which augurs ill to the rights of the people; but if they do not obtain now so much as they have a right to, they will in the long run. The misfortune is, that they are not yet ripe for receiving the blessings to which they are entitled. I doubt, for instance, whether the body of the nation, if they could be consulted, would accept of a habeas corpus law, if offered them by the King. If the Etats Generaux, when they assemble, do not aim at too much, they may begin a good constitution. There are three articles which they may easily obtain; 1. their own meeting, periodically; 2. the exclusive right of taxation; 3. the right of registering laws and proposing amendments to them, as exercised now by the parliaments. This last would be readily approved by the court, on account of their hostility against the parliaments, and would lead immediately to the origination of laws: the second has been already solemnly avowed by the King; and it is well understood, there would be no opposition to the first. If they push at much more, all may fail. I shall not enter further into public details, because my letter to Mr. Jay will give them. That contains a request of permission to return to America the next spring, for the summer only. The reasons therein urged, drawn from my private affairs, are very cogent. But there is another, more cogent on my mind, though of a nature not to be explained in a public letter. It is the necessity of attending my daughters, myself, to their own country, and depositing them safely in the hands of those, with whom I can safely leave them. I have deferred this request as long as circumstances would permit, and am in hopes it will meet with no difficulty. I have had too many proofs of your friendship, not to rely on your patronage of it, as, in all probability, nothing can suffer by a short absence. But the immediate permission is what I am anxious about; as by going in April and returning in October, I shall be sure of pleasant and short passages, out and in. I must intreat your attention, my friend, to this matter, and that the answers may be sent me through several channels.

Mr. Liniozin, at Havre, sent you, by mistake, a package belonging to somebody else. I do not know what it contained, but he has written to you on the subject, and prayed me to do the same, he is likely to suffer if it be not returned.

Supposing that the funding their foreign debt will be among the first operations of the new government, I send you two estimates; the one by myself, the other by a gentleman infinitely better acquainted with the subject, showing what fund will suffice to discharge the principal and interest, as it shall become due, aided by occasional loans, which the same fund will repay. I enclose them to you, because collating them together, and with your own ideas, you will be able to advise something better than either; but something must be done. This government will expect, I fancy, a very satisfactory provision for the payment of their debt, from the first session of the new Congress. Perhaps, in this matter, as well as the arrangement of your foreign affairs, I may be able, when on the spot with you, to give some information and suggest some hints, which may render my visit to my native country not altogether useless. I consider as no small advantage, the resuming the tone of mind of my constituents, which is lost by long absence, and can only be recovered by mixing with them; and shall, particularly, hope for much profit and pleasure, by contriving to pass as much time as possible with you. Should you have a trip to Virginia in contemplation, for that year, I hope you will time it so as that we may be there together. I will camp you at Monticello, where, if illy entertained otherwise, you shall not want books. In firm hope of a happy meeting with you in the spring, or early in summer, I conclude, with assurances of the sincere esteem and attachment, with which I am, Dear Sir, your affectionate friend and servant,

Th: Jefferson.



LETTER CLXIX.—TO A. DONALD, November 18,1788

TO A. DONALD.

Paris, November 18,1788.

Dear Sir,

Often solicited by persons on this side the water, to inquire for their friends in America, about whose fate they are uncertain, I can only hand on their requests to my friends in America. The enclosed letter from, the Chevalier de Sigougne desires some inquiry after his brother, whom he supposes to have settled at Todd's Bridge. As this is within your reach, I must refer the request to your humanity, and beg of you, if you can hear of him, you will be so good as to give me an account of him, returning me the enclosed letter at the same time.

The campaign between the Turks and Russians has been tolerably equal. The Austrians have suffered through the whole of it. By the interposition of Prussia and England, peace is likely to be made between Russia, Denmark, and Sweden. This is a proof that England does not mean to engage in the war herself. This country will certainly engage herself in no manner, externally, before the meeting of her States General. This assembly has been so long disused, that the forms of its convocation occasion difficulty. The Notables have been convened to prescribe them, and they are now in session. I am in hopes this will end in giving a good degree of liberty to this country. They enjoy, at present, the most perfect tranquillity within; their stocks, however, continue low, and money difficult to be got for current expenses. It is hoped, that Mr. Necker's talents and popularity, with the aid of a National Assembly, will extricate them from their difficulties. We have been daily expecting to hear of the death of the King of England: our last news is of the 11th, when he was thought in the utmost danger. This event might produce a great change in the situation of things: it is supposed Mr. Fox would come into place, and he has been generally understood to be disposed for war. Should the King survive, I think the continuance of peace more probable at present, than it has been for some time past. Be so good as to contrive the enclosed letter, by a very safe conveyance. Remember me in the most friendly terms to Dr. Currie, and be assured yourself of the esteem and attachment, with which I am. Dear Sir, your affectionate friend and servant,

Th: Jefferson.



LETTER CLXX.—TO JOHN JAY, November 19, 1788

TO JOHN JAY.

Sir,

Paris, November 19, 1788.

Since my letter of September the 5th, wherein I acknowledged Mr. Remsen's favor of July the 25th, I have written those of September the 24th, and of the 14th instant. This last will accompany the present, both going by the way of London, for want of a direct opportunity; but they go by a private hand.

No late event worth notice has taken place between the Turks and Austrians. The former continue in the territories of the latter, with all the appearances of superiority. On the side of Russia, the war wears an equal face, except that the Turks are still masters of the Black sea. Oczakow is not yet taken. Denmark furnished to Russia its stipulated quota of troops with so much alacrity, and was making such other warlike preparations, that it was believed they meant to become principals in the war against Sweden. Russia and England hereupon interposed efficaciously. Their ministers appointed to meditate, gave notice to the court of Copenhagen, that they would declare war against them in the name of their two sovereigns, if they did not immediately withdraw their troops from the Swedish territories. The court of London has since said, that their minister (Elliott) went further in this than he was authorized. However, the Danish troops are retiring. Poland is augmenting its army from twenty to an hundred thousand men. Nevertheless, it seems as if England and Prussia meant in earnest to stop the war in that quarter, contented to leave the two empires in the hands of the Turks. France, desired by Sweden to join the courts of London and Berlin in their mediation between Sweden and Russia, has declined it. We may be assured, she will meddle in nothing external before the meeting of the States General. Her temporary annihilation in the political scale of Europe, leaves to England and Prussia the splendid roll, of giving the law without meeting the shadow of opposition. The internal tranquillity of this country is perfect: their stocks, however, continue low, and the difficulty of getting money to face current expenses very great. In the contest between the King and parliament, the latter, fearing the power of the former, passed the convoking the States General. The government found itself obliged by other difficulties, also, to recur to the same expedient. The parliament, after its recall, showed that it was now become apprehensive of the States General, and discovered a determination to cavil at their form, so as to have a right to deny their legality, if that body should undertake to abridge their powers. The court, hereupon, very adroitly determined to call the same Notables, who had been approved by the nation the last year, to decide on the form of convoking the Etats Generaux: thus withdrawing itself from the disputes which the parliament might excite, and committing them with the nation. The Notables are now in session. The government had manifestly discovered a disposition that the Tiers-Etat, or Commons, should have as many representatives in the States General, as the Nobility and Clergy together: but five Bureaux of the Notables have voted by very great majorities, that they should have only an equal number with each of the other orders singly. One bureau, by a majority of a single voice, had agreed to give the Commons the double number of representatives. This is the first symptom of a decided combination between the Nobility and Clergy, and will necessarily throw the people into the scale of the King. It is doubted, whether the States can be called so early as January, though the government, urged by the want of money, is for pressing the convocation. It is still more uncertain what the States will do when they meet: there are three objects which they may attain, probably without opposition from the court; 1. A periodical meeting of the States; 2. their exclusive right of taxation; 3. the right of en-registering laws and proposing amendments to them, as now exercised by the parliaments. This would lead, as it did in England, to the right of originating laws. The parliament would, by the last measure, be reduced to a mere judiciary body, and would probably oppose it. But against the King and nation their opposition could not succeed. If the States stop here, for the present moment, all will probably end well, and they may, in future sessions, obtain a suppression of lettres de cachet, a free press, a civil list, and other valuable mollifications of their government. But it is to be feared, that an impatience to rectify every thing at once, which prevails in some minds, may terrify the court, and lead them to appeal to force, and to depend on that alone.

Before this can reach you, you will probably have heard of an Arret, passed the 28th of September, for prohibiting the introduction of foreign whale-oils, without exception. The English had glutted the markets of this country with their oils: it was proposed to exclude them, and an Arret was drawn, with an exception for us: in the last stage of the Arret, the exception was struck out, without my having any warning, or even suspicion of this. I suspect this stroke came from the Count de la Luzerne, minister of marine; but I cannot affirm it positively. As soon as I was apprized of this, which was several days after it passed (because it was kept secret till published in their seaports), I wrote to the Count de Montmorin a letter, of which the enclosed is a copy, and had conferences on the subject, from time to time, with him and the other ministers. I found them prepossessed by the partial information of their Dunkirk fishermen; and therefore thought it necessary to give them a view of the whole subject in writing, which I did, in the piece, of which I enclose you a printed copy. I therein entered into more details, than the question between us seemed rigorously to require. I was led to them by other objects. The most important was to disgust Mr. Necker, as an economist, against their new fishery, by letting him foresee its expense. The particular manufactures suggested to them, were in consequence of repeated applications from the shippers of rice and tobacco: other details, which do not appear immediately pertinent, were occasioned by circumstances which had arisen in conversation, or an apparent necessity of giving information on the whole matter. At a conference, in the presence of M. Lambert, on the 16th (where I was ably aided by the Marquis de la Fayette, as I have been through the whole business), it was agreed to except us from the prohibition. But they will require rigorous assurance, that the oils coming under our name are really of our fishery. They fear we shall cover the introduction of the English oils from Halifax. The Arret for excepting us was communicated to me, but the formalities of proving the oils to be American were not yet inserted. I suppose they will require every vessel to bring a certificate from their Consul or Vice-Consul residing in the State from which it comes. More difficult proofs were sometimes talked of. I supposed I might surely affirm to them, that our government would do whatever it could to prevent this fraud, because it is as much our interest as theirs to keep the market for the French and American oils only. I am told Massachusetts has prohibited the introduction of foreign fish-oils into her ports. This law, if well executed, will be an effectual guard against fraud; and a similar one in the other States, interested in the fishery, would much encourage this government to continue her indulgence to us. Though the Arret, then, for the re-admission of our oils is not yet passed, I think I may assure you it will be so in a few days, and of course that this branch of commerce, after so threatening an appearance, will be on a better footing than ever, as enjoying, jointly with the French oil, a monopoly of their markets. The continuance of this will depend on the growth of their fishery. Whenever they become able to supply their own wants, it is very possible they may refuse to take our oils; but I do not believe it possible for them to raise their fishery to that, unless they can continue to draw off our fishermen from us. Their seventeen ships, this year, had one hundred and fifty of our sailors on board. I do not know what number the English have got into their service. You will readily perceive, that there are particulars in these printed observations, which it would not be proper to suffer to become public. They were printed, merely that a copy might be given to each minister, and care has been taken to let them go into no other hands.