I must now trouble Congress with a petition on my own behalf. When I left my own house in October, 1783, it was to attend Congress as a member, and in expectation of returning in five or six months. In the month of May following, however, I was desired to come to Europe, as member of a commission, which was to continue two years only. I came off immediately, without going home to make any other arrangements in my affairs, thinking they would not suffer greatly before I should return to them. Before the close of the two years, Doctor Franklin retiring from his charge here, Congress were pleased to name me to it; so that I have been led on by events to an absence of five years, instead of five months. In the mean time, matters of great moment to others as well as myself, and which can be arranged by nobody but myself, will await no longer. Another motive, of still more powerful co-agency on my mind, is the necessity of carrying my family back to their friends and country. I must, therefore, ask of Congress a leave of short absence. Allowing three months on the sea, going and coming, and two months at my own house, which will suffice for my affairs, I need not be from Paris but between five and six months. I do not foresee any thing which can suffer during my absence. The consular convention is finished, except as to the exchange of ratification, which will be the affair of a day only. The difference with Schweighaeuser and Dobree, relative to our arms, will be finished. That of Denmark, if ever finished, will probably be long spun out. The ransom of the Algerine captives is the only matter likely to be on hand. That cannot be set on foot till the money is raised in Holland, and an order received for its application: probably these will take place, so that I may set it into motion, before my departure; if not, I can still leave it on such a footing, as to be put into motion the moment the money can be paid. And even when the leave of Congress shall be received, I will not make use of it, if there is any thing of consequence which may suffer; but would, postpone my departure till circumstances will admit it. But should these be as I expect they will, it will be vastly desirable to me to receive the permission immediately, so that I may go out as soon as the vernal equinox is over, and be sure of my return in good time and season in the fall. Mr. Short, who had had thoughts of returning to America, will postpone that return till I come back. His talents and character allow me to say, with confidence, that nothing will suffer in his hands. The friendly dispositions of Monsieur de Montmorin would induce him readily to communicate with Mr. Short in his present character; but should any of his applications be necessary to be laid before the Council, they might suffer difficulty: nor could he attend the diplomatic societies, which are the most certain sources of good intelligence. Would Congress think it expedient to remove the difficulties, by naming him secretary of legation, so that he would act of course as charge des affaires during my absence? It would be just, that the difference between the salary of a secretary and a secretary of legation should cease, as soon as he should cease to be charged with the affairs of the United States; that is to say, on my return: and he would expect that. So that this difference for five or six months would be an affair of about one hundred and seventy guineas only, which would be not more than equal to the additional expense that would be brought on him necessarily by the change of character. I mention these particulars, that Congress may see the end as well as beginning of the proposition, and have only to add, 'their will be done.' Leave for me being obtained, I will ask it, Sir, of your friendship, to avail yourself of various occasions to the ports of France and England to convey me immediate notice of it, and relieve me as soon as possible from the anxiety of expectation, and the uncertainty in which I shall be. We have been in daily expectation of hearing of the death of the King of England. Our latest news are of the 11th. He had then been despaired of for three or four days; but as my letter is to pass through England, you will have later accounts of him than that can give you. I send you the newspapers to this date, and have the honor to be, with the greatest esteem and respect, Sir, your most obedient, humble servant,

Th: Jefferson.

P. S. The last crop of corn in France has been so short, that they apprehend want. Mr. Necker desires me to make known this scarcity to our merchants, in hopes they would send supplies. I promised him I would. If it could be done without naming him, it would be agreeable to him, and probably advantageous to the adventurers. T. J.

[The annexed are the observations on the subject of admitting our whale-oil in the markets of France, referred to in the preceding letter.]

Whale-oil enters, as a raw material, into several branches of manufacture, as of wool, leather, soap: it is used also in painting, architecture, and navigation. But its great consumption is in lighting houses and cities. For this last purpose, however, it has a powerful competitor in the vegetable oils. These do well in warm, still weather, but they fix with cold, they extinguish easily with the wind, their crop is precarious, depending on the seasons, and to yield the same light, a larger wick must be used, and greater quantity of oil consumed. Estimating all these articles of difference together, those employed in lighting cities find their account in giving about twenty-five per cent, more for whale than for vegetable oils. But higher than this the whale-oil, in its present form, cannot rise; because it then becomes more advantageous to the city lighters to use others. This competition, then, limits its price, higher than which no encouragement can raise it; and it becomes, as it were, a law of its nature. But, at this low price, the whale-fishery is the poorest business into which a merchant or sailor can enter. If the sailor, instead of wages, has a part of what is taken, he finds that this, one year with another, yields him less than he could have got as wages in any other business. It is attended, too, with great risk, singular hardships, and long absence from his family, if the voyage is made solely at the expense of the merchant, he finds that, one year with another, it does not reimburse him his expense. As for example; an English ship of three hundred tons and forty-two hands brings home, communibus annis, after four months' voyage, twenty-five tons of oil, worth four hundred and thirty-seven pounds ten shillings sterling. But the wages of the officers and seamen will be four hundred pounds; the outfit, then, and the merchants' profit, must be paid by the government: and it is accordingly on this idea, that the British bounty is calculated. From the poverty of this business, then, it has happened, that the nations who have taken it up have successively abandoned it. The Basques began it: but though the most economical and enterprising of the inhabitants of France, they could not continue it; and it is said, they never employed more than thirty ships a year. The Dutch and Hanse towns succeeded them. The latter gave it up long ago. The English carried it on, in competition with the Dutch, during the last and beginning of the present century: but it was too little profitable for them, in comparison with other branches of commerce open to them.

In the mean time, the inhabitants of the barren island of Nantucket had taken up this fishery, invited to it by the whales presenting themselves on their own shore. To them, therefore, the English relinquished it, continuing to them, as British subjects, the importation of their oils into England, duty free, while foreigners were subject to a duty of eighteen pounds five shillings sterling a ton. The Dutch were enabled to continue it long, because, 1. They are so near the northern fishing grounds, that a vessel begins her fishing very soon after she is out of port. 2. They navigate with more economy than the other nations of Europe. 3. Their seamen are content with lower wages: and, 4. Their merchants, with a lower profit on their capital. Under all these favorable circumstances, however, this branch of business, after long languishing, is at length nearly extinct with them. It is said, they did not send above half a dozen ships in pursuit of the whale this present year. The Nantuckois, then, were the only people who exercised this fishery to any extent at the commencement of the late war. Their country, from its barrenness yielding no subsistence, they were obliged to seek it in the sea which surrounded them. Their economy was more rigorous than that of the Dutch. Their seamen, instead of wages, had a share in what was taken: this induced them to fish with fewer hands, so that each had a greater dividend in the profit; it made them more vigilant in seeking game, bolder in pursuing it, and parsimonious in all their expenses. London was their only market. When, therefore, by the late revolution, they became aliens in Great Britain, they became subject to the alien duty of eighteen pounds five shillings the ton of oil, which being more than equal to the price of the common whale-oil, they are obliged to abandon that fishery. So that this people, who, before the war, had employed upwards of three hundred vessels a year in the whale-fishery (while Great Britain had herself never employed one hundred), have now almost ceased to exercise it. But they still had the seamen, the most important material for this fishery; and they still retained the spirit for fishing: so that, at the re-establishment of peace, they were capable, in a very short time, of reviving their fishery in all its splendor. The British government saw that the moment was critical. They knew that their own share in that fishery was as nothing: that the great mass of fishermen was left with a nation now separated from them: that these fishermen, however, had lost their ancient market; had no other resource within their country to which they could turn and they hoped, therefore, they might, in the present moment of distress, be decoyed over to their establishments, and be added to the mass of their seamen. To effect this, they offered extravagant advantages to all persons who should exercise the whale-fishery from British establishments. But not counting with much confidence on a long connection with their remaining possessions on the continent of America, foreseeing that the Nantuckois would settle in them, preferably, if put on an equal footing with those of Great Britain, and that thus they might have to purchase them a second time, they confined their high offers to settlers in Great Britain. The Nantuckois, left without resource by the loss of their market, began to think of removing to the British dominions; some to Nova Scotia, preferring smaller advantages in the neighborhood of their ancient country and friends; others to Great Britain, postponing country and friends to high premiums. A vessel was already arrived from Halifax to Nantucket, to take off some of those who proposed to remove; two families had gone on board, and others were going, when a letter was received there, which had been written by Monsieur le Marquis de la Fayette, to a gentleman in Boston, and transmitted by him to Nantucket. The purport of the letter was to dissuade their accepting the British proposals, and to assure them that their friends in France would endeavor to do something for them. This instantly suspended their design: not another went on board, and the vessel returned to Halifax with only the two families.

In fact the French government had not been inattentive to the views of the British, nor insensible to the crisis. They saw the danger of permitting five or six thousand of the best seamen existing, to be transferred by a single stroke to the marine strength of their enemy, and to carry over with them an art which they possessed almost exclusively. The counterplan which they set on foot was to tempt the Nantuckois, by high offers, to come and settle in France. This was in the year 1785. The British, however, had in their favor, a sameness of language, religion, laws, habits, and kindred. Nine families only, of thirty-three persons in the whole, came to Dunkirk; so that this project was not likely to prevent their emigration to the English establishments, if nothing else had happened.

France had effectually aided in detaching the United States of America from the force of Great Britain: but as yet they seemed to have indulged only a silent wish to detach them from her commerce. They had done nothing to induce that event. In the same year, 1785, while M. de Calonne was in treaty with the Nantuckois, an estimate of the commerce of the United States was submitted to the Count de Vergennes, and it was shown, that, of three millions of pounds sterling, to which their exports amounted, one third might be brought to France, and exchanged against her productions and manufactures, advantageously for both nations; provided the obstacles of prohibition, monopoly, and duty, were either done away, or moderated as far as circumstances would admit. A committee, which had been appointed to investigate a particular one of these objects, was thereupon instructed to extend its researches to the whole, and see what advantages and facilities the government could offer, for the encouragement of a general commerce with the United States. The committee was composed of persons well skilled in commerce; and after laboring assiduously for several months, they made their report: the result of which was given in the letter of his Majesty's Comptroller General, of the 22nd of October, 1786, wherein he stated the principles which should be established, for the future regulation of the commerce between France and the United States. It was become tolerably evident, at the date of this letter, that the terms offered to the Nantuckois would not produce their emigration to Dunkirk; and that it would be safest, in every event, to offer some other alternative, which might prevent their acceptance of the British offers. The obvious one was, to open the ports of France to their oils, so that they might still exercise their fishery, remaining in their native country, and find a new market for its produce, instead of that which they had lost. The article of whale-oil was, accordingly, distinguished in the letter of M. de Calonne, by an immediate abatement of duty, and promise of further abatement, after the year 1790. This letter was instantly sent to America, and bid fair to produce there the effect intended, by determining the fishermen to carry on their trade from their own homes, with the advantage only of a free market in France, rather than remove to Great Britain, where a free market and great bounty were offered them. An Arret was still to be prepared, to give legal sanction to the letter of M. de Calonne. Monsieur Lambert, with a patience and assiduity almost unexampled, went through all the investigations necessary to assure himself, that the conclusion of the committee had been just. Frequent conferences on this subject were held in his presence; the deputies of the chambers of commerce were heard, and the result was, the Arret of December the 29th, 1787, confirming the abatements of duty, present and future, which the letter of October, 1786, had promised, and reserving to his Majesty, to grant still further favors to that production, if, on further information, he should find it for the interest of the two nations.

The English had now begun to deluge the markets of France with their whale-oils; and they were enabled by the great premiums given by their government, to undersell the French fisherman, aided by feebler premiums, and the American, aided by his poverty alone. Nor is it certain, that these speculations were not made at the risk of the British government, to suppress the French and American fishermen in their only market. Some remedy seemed necessary. Perhaps it would not have been a bad one, to subject, by a general law, the merchandise of every nation and of every nature, to pay additional duties in the ports of France, exactly equal to the premiums and drawbacks given on the same merchandise by their own government. This might not only counteract the effect of premiums in the instance of whale-oils, but attack the whole British system of bounties and drawbacks, by the aid of which they make London the centre of commerce for the whole earth. A less general remedy, but an effectual one, was, to prohibit the oils of all European nations: the treaty with England requiring only, that she should be treated as well as the most favored European nation. But the remedy adopted was, to prohibit all oils, without exception.

To know how this remedy will operate, we must consider the quantity of whale-oil which France consumes annually, the quantity she obtains from her own fishery; and, if she obtains less than she consumes, we are to consider what will follow the prohibition.

The annual consumption of France, as stated by a person who has good opportunities of knowing it, is as follows.

lbs. pesant. quinteaux. tons.

Paris, according to the registers of 1786,.................................2,800,000 28,000 1750

Twenty-seven other cities, lighted by M. Sangrain,........................ 800,000 8,000 500

Rouen,..................................500,000 5,000 312 Bordeaux,...............................600,000 6,000 375 Lyons,..................................300,000 3,000 187 Other cities, leather and light,......3,000,000 30,000 1875 ————- ——— —— 8,000,000 80,000 5,000

Other calculations, or say rather, conjectures, reduce the consumption to about half this. It is treating these conjectures with great respect, to place them on an equal footing with the estimate of the person before alluded to, and to suppose the truth half way between them. But we will do it, and call the present consumption of France only sixty thousand quintals, or three thousand seven hundred and fifty tons a year. This consumption is increasing fast, as the practice of lighting cities is becoming more general, and the superior advantages of lighting them with whale-oil are but now beginning to be known.

What do the fisheries of France furnish? She has employed, this year, fifteen vessels in the southern, and two in the northern fishery, carrying forty-five hundred tons in the whole, or two hundred and sixty-five each, on an average. The English ships, led by Nantuckois as well as the French, have never averaged in the southern fishery, more than one fifth of their burthen, in the best year. The fifteen ships of France, according to this ground of calculation, and supposing the present to have been one of the best years, should have brought, one with another, one fifth of two hundred and sixty-five tons, or fifty-three tons each. But we are told, they have brought near the double of that, to wit, one hundred tons each, and fifteen hundred tons in the whole. Supposing the two northern vessels to have brought home the cargo which is common from the northern fishery, to wit, twenty-five tons each, the whole produce this year will then be fifteen hundred and fifty tons. This is five and a half months'provision, or two fifths of the annual consumption. To furnish for the whole year, would require forty ships of the same size, in years as fortunate as the present, and eighty-five, communibus annis; forty-four tons, or one sixth of the burthen, being as high an average as should be counted on, one year with another: and the number must be increased, with the increasing consumption. France, then, is evidently not yet in a condition to supply her own wants. It is said, indeed, she has a large stock on hand, unsold, occasioned by the English competition. Thirty-three thousand quintals, including this year's produce, are spoken of: this is between six and seven months'provision; and supposing by the time this is exhausted that the next year's supply comes in, that will enable her to go on five or six months longer; say a twelvemonth in the whole. But, at the end of the twelvemonth, what is to be done? The manufacturers depending on this article, cannot maintain their competition against those of other countries, if deprived of their equal means. When the alternative, then, shall be presented, of letting them drop, or opening the ports to foreign whale-oil, it is presumable the latter will be adopted, as the lesser evil. But it will be too late for America. Her fishery, annihilated during the late war, only began to raise its head, on the prospect of a market held out by this country. Crushed by the Arret of September the 28th, in its first feeble effort to revive, it will rise no more. Expeditions, which require the expense of the outfit of vessels, and from nine to twelve months' navigation, as the southern fishery does, most frequented by the Americans, cannot be undertaken in sole reliance on a market, which is opened and shut from one day to another, with little or no warning. The English alone, then, will remain to furnish these supplies, and they must be received, even from them. We must accept bread from our enemies, if our friends cannot furnish it. This comes exactly to the point, to which that government has been looking. She fears no rival in the whale-fishery, but America: or rather, it is the whale-fishery of America, of which she is endeavoring to possess herself. It is for this object, she is making the present extraordinary efforts, by bounties and other encouragements: and her success, so far, is very flattering. Before the war, she had not one hundred vessels in the whale-trade, while America employed three hundred and nine. In 1786, Great Britain employed one hundred and fifty-one vessels; in 1787, two hundred and eighty-six; in 1788, three hundred and fourteen, nearly the ancient American number: while the latter has fallen to about eighty. They have just changed places then; England having gained, exactly what America has lost. France, by her ports and markets, holds the balance between the two contending parties, and gives the victory, by opening and shutting them, to which she pleases. We have still precious remains of seamen, educated in this fishery, and capable by their poverty, their boldness, and address, of recovering it from the English, in spite of their bounties. But this Arret endangers the transferring to Great Britain every man of them, who is not invincibly attached to his native soil. There is no other nation in present condition to maintain a competition with Great Britain in the whale-fishery. The expense, at which it is supported on her part, seems enormous. Two hundred and fifty-five vessels, of seventy-five thousand four hundred and thirty-six tons, employed by her, this year, in the northern fishery, at forty-two men each; and fifty-nine in the southern, at eighteen men each, make eleven thousand seven hundred and seventy-two men. These are known to have cost the government fifteen pounds each, or one hundred and seventy-six thousand five hundred and eighty pounds, in the whole, and that, to employ the principal part of them from three to four months only. The northern ships have brought home twenty, and the southern sixty tons of oil, on an average; making eighty-six hundred and forty tons. Every ton of oil, then, has cost the government twenty pounds in bounty. Still, if they can beat, us out of the field, and have it to themselves, they will think their money well employed. If France undertakes, solely, the competition against them, she must do it at equal expense. The trade is too poor to support itself. The eighty-five ships, necessary to supply even her present consumption, bountied, as the English are, will require a sacrifice of twelve hundred and eighty-five thousand two hundred livres a year, to maintain three thousand five hundred and seventy seamen, and that, a part of the year only; and if she will put it to twelve thousand men, in competition with England, she must sacrifice, as they do, four or five millions a year. The same number of men might, with the same bounty, be kept in as constant employ, carrying stone from Bayonne to Cherburg, or coal from Newcastle to Havre, in which navigations they would be always at hand, and become as good seamen. The English consider among their best sailors, those employed to carry coal from Newcastle to London. France cannot expect to raise her fishery, even to the supply of her own consumption, in one year, or in several years. Is it not better, then, by keeping her ports open to the United States, to enable them to aid in maintaining the field against the common adversary, till she shall be in condition to take it herself, and to supply her own wants? Otherwise her supplies must aliment that very force, which is keeping her under. On our part, we can never be dangerous competitors to France. The extent to which we can exercise this fishery, is limited to that of the barren island of Nantucket, and a few similar barren spots; its duration, to the pleasure of this government, as we have no other market. A material observation must be added here: sudden vicissitudes of opening and shutting ports, do little injury to merchants settled on the opposite coast, watching for the opening, like the return of a tide, and ready to enter with it. But they ruin the adventurer, whose distance requires six months' notice. Those who are now arriving from America, in consequence of the Arret of December the 29th, will consider it as the false light which has led them to their ruin. They will be apt to say, that they come to the ports of France by invitation of that Arret, that the subsequent one of September the 28th, which drives them from those ports, founds itself on a single principle, viz. 'that the prohibition of foreign oils is the most useful encouragement which can be given to that branch of industry.' They will say, that, if this be a true principle, it was as true on the 29th of December 1787, as on the 20th of September, 1788: it was then weighed against other motives, judged weaker and overruled, and it is hard it should be now revived, to ruin them.

The refinery for whale-oil, lately established at Rouen, seems to be an object worthy of national attention. In order to judge of its importance, the different qualities of whale-oil must be noted. Three qualities are known in the American and English markets. 1st. That of the spermaceti whale. 2nd. Of the Greenland whale. 3rd. Of the Brazil whale. 1. The spermaceti whale found by the Nantuckois, in the neighborhood of the Western Islands, to which they had gone in pursuit of other whales, retired thence to the coast of Guinea, afterwards to that of Brazil, and begins now to be best found in the latitude of the Cape of Good Hope, and even of Cape Horn. He is an active, fierce animal, and requires vast address and boldness in the fisherman. The inhabitants of Brazil make little expeditions from their coast, and take some of these fish. But the Americans are the only distant people, who have been in the habit of seeking and attacking him, in numbers. The British, however, led by the Nantuckois, whom they have decoyed into their service, have begun this fishery. In 1785, they had eighteen ships in it; in 1787, thirty-eight; in 1788, fifty-four, or, as some say, sixty-four. I have calculated on the middle number, fifty-nine. Still they take but a very small proportion of their own demand; we furnish the rest. Theirs is the only market to which we carry that oil, because it is the only one where its properties are known. It is luminous, resists coagulation by cold, to the forty-first degree of Fahrenheit's thermometer, and fourth of Reaumur's, and yields no smell at all: it is used, therefore, within doors, to lighten shops, and even in the richest houses, for antichambers, stairs, galleries, &c. It sells at the London market for treble the price of common whale-oil. This enables the adventurer to pay the duty of eighteen pounds five shillings sterling the ton, and still to have a living profit. Besides the mass of oil produced from the whole body of the whale, his head yields three or four barrels of what is called head-matter, from which is made the solid spermaceti, used for medicine and candles. This sells by the pound at double the price of the oil. The disadvantage of this fishery is, that the sailors are from nine to twelve months absent on the voyage; of course, they are not at hand on any sudden emergency, and are even liable to be taken, before they know that war is begun. It must be added, on the subject of this whale, that he is rare and shy, soon abandoning the grounds where he is hunted. This fishery, less losing than the other, and often profitable, will occasion it to be so thronged, soon, as to bring it on a level with the other. It will then require the same expensive support, or to be abandoned.

2. The Greenland whale-oil is next in quality. It resists coagulation by cold, to thirty-six degrees of Fahrenheit, and two of Reaumur, but it has a smell insupportable within doors, and is not luminous. It sells, therefore, in London, at about sixteen pounds the ton. This whale is clumsy and timid; he dives when struck, and comes up to breathe by the first cake of ice, where the fishermen need little address or courage to find and take him. This is the fishery mostly frequented by European nations; it is this fish which yields the fin in quantity, and the voyages last about three or four months.

The third quality is that of the small Brazil whale. He was originally found on the coast of Nantucket, and first led that people to this pursuit: he retired, first to the Banks of Newfoundland, then to the Western Islands, and is now found within soundings on the coast of Brazil, during the months of December, January, February, and March. His oil chills at fifty-two degrees of Fahrenheit, and eight of Reaumur, is black and offensive; worth, therefore, but thirteen pounds the ton, in London. In warm summer nights, however, it burns better than the Greenland oil.

To the qualities of the oils thus described, it is to be added, that an individual has discovered methods, 1. of converting a great part of the oils of the spermaceti-whale, into the solid substance called spermaceti, heretofore produced from his head alone; 2. of refining the Greenland whale-oil, so as to take from it all smell, and render it limpid and luminous as that of the spermaceti-whale; 3. of curdling the oil of the Brazil whale into tallow, resembling that of beef, and answering all its purposes. This person is engaged by the company, which has established the refinery at Rouen: their works will cost them half a million of livres; will be able to refine all the oil which can be used in the kingdom, and even to supply foreign markets. The effects of the refinery, then, would be, 1. to supplant the solid spermaceti of all other nations, by theirs, of equal quality and lower price; 2. to substitute, instead of spermaceti-oil, their black whale-oil refined, of equal quality and lower price; 3. to render the worthless oil of the Brazil, equal in value to tallow; and 4. by accommodating these oils to uses, to which they could never otherwise have been applied, they will extend the demand beyond its present narrow limits, to any supply which can be furnished, and thus give the most effectual encouragement and extension to the whale-fishery. But these works were calculated on the Arret of December the 29th, which admitted here, freely and fully, the produce of the American fishery. If confined to that of the French fishery alone, the enterprise may fail, for want of matter to work on.

After this review of the whale-fishery as a political institution, a few considerations shall be added on its produce, as a basis of commercial exchange between France and the United States. The discussions it has undergone, on former occasions, in this point of view, leaves little new to be now urged.

The United States, not possessing mines of the precious metals, can purchase necessaries from other nations, so far only as their produce is received in exchange. Without enumerating our smaller articles, we have three of principal importance, proper for the French market; to wit, tobacco, whale-oil, and rice. The first and most important, is tobacco. This might furnish an exchange for eight millions of the productions of this country; but it is under a monopoly, and that not of a mercantile, but of a financiering company, whose interest is, to pay in money and not in merchandise, and who are so much governed by the spirit of simplifying their purchases and proceedings, that they find means to elude every endeavor on the part of government, to make them diffuse their purchases among the merchants in general. Little profit is derived from this, then, as an article of exchange for the produce and manufactures of France. Whale-oil might be next in importance; but that is now prohibited. American rice is not yet of great, but it is of growing consumption in France, and being the only article of the three which is free, it may become a principal basis of exchange. Time and trial may add a fourth, that is, timber. But some essays, rendered unsuccessful by unfortunate circumstances, place that, at present, under a discredit, which it will be found hereafter not to have merited. The English know its value, and were supplied with it, before the war. A spirit of hostility, since that event, led them to seek Russian rather than American supplies; a new spirit of hostility has driven them back from Russia, and they are now making contracts for American timber. But of the three articles before mentioned, proved by experience to be suitable for the French market, one is prohibited, one under monopoly, and one alone free, and that the smallest and of very limited consumption. The way to encourage purchasers, is, to multiply their means of payment. Whale-oil might be an important one. In one scale, are the interests of the millions who are lighted, shod, or clothed with the help of it, and the thousands of laborers and manufacturers, who would be employed in producing the articles which might be given in exchange for it, if received from America: in the other scale, are the interests of the adventurers in the whale-fishery each of whom, indeed, politically considered, may be of more importance to the State, than a simple laborer or manufacturer; but to make the estimate with the accuracy it merits, we should multiply the numbers in each scale into their individual importance, and see which preponderates.

Both governments have seen with concern, that their commercial intercourse does not grow as rapidly as they would wish. The system of the United States is, to use neither prohibitions nor premiums. Commerce, there, regulates itself freely, and asks nothing better. Where a government finds itself under the necessity of undertaking that regulation, it would seem, that it should conduct it as an intelligent merchant would; that is to say, invite customers to purchase, by facilitating their means of payment, and by adapting goods to their taste. If this idea be just, government here has two operations to attend to, with respect to the commerce of the United States; 1. to do away, or to moderate, as much as possible, the prohibitions and monopolies of their materials for payment; 2. to encourage the institution of the principal manufactures, which the necessities, or the habits of their new customers call for. Under this latter head, a hint shall be suggested, which must find its apology in the motive from which it flows; that is, a desire of promoting mutual interests and close friendship. Six hundred thousand of the laboring poor of America, comprehending slaves under that denomination, are clothed in three of the simplest manufactures possible; to wit, oznaburgs, plains, and duffel blankets. The first is a linen; the two last, woollens. It happens, too, that they are used exactly by those who cultivate the tobacco and rice, and in a good degree by those employed in the whale-fishery. To these manufactures they are so habituated, that no substitute will be received. If the vessels which bring tobacco, rice, and whale-oil, do not find them in the ports of delivery, they must be sought where they can be found; that is, in England, at present. If they were made in France, they would be gladly taken in exchange there. The quantities annually used by this description of people, and their value, are as follows:

Oznaburgs 2,700,000 aunes, at sixteen sous the aune, worth 2,160,000

Plains 1,350,000 aunes, at two livres the aune, 2,700,000

Duffel Blankets 300,000 aunes, at seven and 4/5ths livres each 2,160,000 ————— 7,020,000

It would be difficult to say, how much should be added, for the consumption of inhabitants of other descriptions; a great deal surely. But the present view shall be confined to the one description named. Seven millions of livres, are nine millions of days' work, of those who raise, spin, and weave the wool and flax; and, at three hundred working days to the year, would maintain thirty thousand people. To introduce these simple manufactures, suppose government to give five per cent, on the value of what should be exported of them, for ten years to come: if none should be exported, nothing would be to be paid: but on the other hand, if the manufactures, with this encouragement, should rise to the full demand, it will be a sacrifice of three hundred and fifty-one thousand livres a year, for ten years only, to produce a perpetual subsistence for more than thirty thousand people (for the demand will grow with our population); while she must expend perpetually one million two hundred and eighty-five thousand livres a year, to maintain the three thousand five hundred and seventy seamen, who would supply her with whale-oil. That is to say, for each seaman, as much as for thirty laborers and manufacturers.

But to return to our subject, and to conclude.

Whether, then, we consider the Arret of September the 28th, in a political or a commercial light, it would seem, that the United States should be excepted from its operation. Still more so, when they invoke against it the amity subsisting between the two nations, the desire of binding them together by every possible interest and connection, the several acts in favor of this exception, the dignity of legislation, which admits not of changes backwards and forwards, the interests of commerce, which requires steady regulations, the assurances of the friendly motives which have led the King to pass these acts, and the hope, that no cause will arise, to change either his motives or his measures towards us.



LETTER CLXXI.—TO JOHN JAY, November 29, 1788

TO JOHN JAY.

Paris, November 29, 1788.

Sir,

In the hurry of making up my letter of the 19th instant, I omitted the enclosed printed paper, on the subject of whale-oil. That omission is now supplied by another conveyance, by the way of London. The explanatory Arret is not yet come out. I still take for granted, it will pass, though there be an opposition to it in the Council. In the mean time, orders are given to receive our oils which may arrive. The apprehension of a want of corn has induced them to turn their eyes to foreign supplies; and to show their preference of receiving them from us, they have passed the enclosed Arret, giving a premium on wheat and flour from the United States, for a limited time. This, you will doubtless think proper to have translated and published. The Notables are still in session: the votes of the separate bureaux have not yet been reduced to a joint act, in an assembly of the whole. I see no reason to suppose they will change the separate votes relative to the representation of the Tiers Etat in the States General. In the mean time, the stream of public indignation, heretofore directed against the court, sets strongly against the Notables. It is not yet decided when the States will meet: but certainly they cannot, till February or March. The Turks have retired across the Danube. This movement indicates their going into winter-quarters, and the severity of the weather must hasten it. The thermometer was yesterday at eight degrees of Fahrenheit, that is, twenty-four degrees below freezing; a degree of cold equal to that of the year 1740, which they count here among their coldest winters. This having continued many days, and being still likely to continue, and the wind from northeast, render it probable, that all enterprise must be suspended between the three great belligerent powers. Poland is likely to be thrown into great convulsions. The Empress of Russia has peremptorily demanded such aids from Poland, as might engage it in the war. The King of Prussia, on the other hand, threatens to march an army on their borders. The vote of the Polish confederacy for one hundred thousand men, was a coalition of the two parties, in that single act only. The party opposed to the King, have obtained a majority, and have voted that this army shall be independent of him. They are supported by Prussia, while the King depends on Russia. Authentic information from England leaves not a doubt, that the King is lunatic; and that, instead of the effect, is the cause of the illness, under which he has been so near dying. I mention this, because the English newspapers, speaking by guess on that as they do on all other subjects, might mislead you as to his true situation; or rather, might mislead others, who know less than you do, that a thing is not rendered the more probable, by being mentioned in those papers.

I enclose those of Leyden to the present date, with the gazettes of France, and have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, humble servant,

Th: Jefferson



LETTER, CLXXII.—TO GENERAL WASHINGTON, December 4, 1788

TO GENERAL WASHINGTON.

Paris, December 4, 1788.

Sir,

Your favor of August the 31st came to hand yesterday; and a confidential conveyance offering, by the way of London, I avail myself of it, to acknowledge the receipt.

I have seen, with infinite pleasure, our new constitution accepted by eleven States, not rejected by the twelfth; and that the thirteenth happens to be a state of the least importance. It is true, that the minorities in most of the accepting States have been very respectable; so much so, as to render it prudent, were it not otherwise reasonable, to make some sacrifice to them. I am in hopes, that the annexation of a bill of rights to the constitution will alone draw over so great a proportion of the minorities, as to leave little danger in the opposition of the residue; and that this annexation may be made by Congress and the Assemblies, without calling a convention, which might endanger the most valuable parts of the system. Calculation has convinced me, that circumstances may arise, and probably will arise, wherein all the resources of taxation will be necessary for the safety of the State. For though I am decidedly of opinion, we should take no part in European quarrels, but cultivate peace and commerce with all, yet who can avoid seeing the source of war in the tyranny of those nations, who deprive us of the natural right of trading with our neighbors? The produce of the United States will soon exceed the European demand: what is to be done with the surplus, when there shall be one? It will be employed, without question, to open, by force, a market for itself, with those placed on the same continent with us, and who wish nothing better. Other causes, too, are obvious, which may involve us in war; and war requires every resource of taxation and credit. The power of making war often prevents it, and in our case, would give efficacy to our desire of peace. If the new government wears the front which I hope it will, I see no impossibility in the availing ourselves of the wars of others, to open the other parts of America to our commerce, as the price of our neutrality.

The campaign between the Turks and two Empires has been clearly in favor of the former. The Emperor is secretly trying to bring about a peace. The alliance between England, Prussia, and Holland, (and some suspect Sweden also) renders their mediation decisive, wherever it is proposed. They seemed to interpose it so magisterially between Denmark and Sweden, that the former submitted to its dictates, and there was all reason to believe, that the war in the northwestern parts of Europe would be, quieted. All of a sudden, a new flame bursts out in Poland. The King and his party are devoted to Russia. The opposition rely on the protection of Prussia. They have lately become the majority in the confederated diet, and have passed a vote for subjecting their army to a commission independent of the King, and propose a perpetual diet, in which case he will be a perpetual cipher. Russia declares against such a change in their constitution, and Prussia has put an army into readiness, for marching, at a moment's warning, on the frontier of Poland. These events are too recent, to see, as yet, what turn they will take, or what effect they will have on the peace of Europe. So is that also, of the lunacy of the King of England, which is a decided fact, notwithstanding all the stuff the English papers publish, about his fevers, his deliriums, &c. The truth is, that the lunacy declared itself almost at once, and with as few concomitant complaints, as usually attend the first developement of that disorder. I suppose a regency will be established, and if it consists of a plurality of members, it will, probably, be peaceable. In this event, it will much favor the present wishes of this country, which are so decidedly for peace, that they refused to enter into the mediation between Sweden and Russia, lest it should commit them. As soon as the convocation of the States General was announced, a tranquillity took place through the whole kingdom: happily, no open rupture had taken place, in any part of it. The parliament were re-instated in their functions, at the same time. This was all they desired; and they had called for the States General, only through fear that the crown could not otherwise be forced to re-instate them. Their end obtained, they began to foresee danger to themselves, in the States General. They began to lay the foundation for caviling at the legality of that body, if its measures should be hostile to them. The court, to clear itself of the dispute, convened the Notables, who had acted with general approbation on the former occasion, and referred to them the forms of calling and organizing the States General. These Notables consist principally of Nobility and Clergy; the few of the Tiers Etat among them, being either parliament men, or other privileged persons. The court wished, that, in the future States General, the members of the Tiers Etat should equal those of both the other orders, and that they should form but one House, all together, and vote by persons, not by orders. But the Notables, in the true spirit of Priests and Nobles, combining together against the people, have voted, by five bureaux out of six, that the people, or Tiers Etat, shall have no greater number of deputies, than each of the other orders separately, and that they shall vote by orders: so that two orders concurring in a vote, the third will be overruled; for it is not here as in England, where each of the three branches has a negative on the other two. If this project of theirs succeeds, a combination between the two Houses of Clergy and Nobles will render the representation of the Tiers Etat merely nugatory. The bureaux are to assemble together, to consolidate their separate votes: but I see no reasonable hope of their changing this. Perhaps the King, knowing that he may count on the support of the nation, and attach it more closely to him, may take on himself to disregard the opinion of the Notables in this instance, and may call an equal representation of the people, in which precedents will support him. In every event, I think the present disquiet will end well. The nation has been awaked by our Revolution; they feel their strength, they are enlightened, their lights are spreading, and they will not retrograde. The first States General may establish three important points, without opposition from the court; 1. their own periodical convocation; 2. their exclusive right of taxation (which has been confessed by the King); 3. the right of registering laws, and of previously proposing amendments to them, as the parliaments have, by usurpation, been in the habit of doing. The court will consent to this, from its hatred to the parliaments, and from the desire of having to do with one, rather than many legislatures. If the States are prudent, they will not aim at more than this at first, lest they should shock the dispositions of the court, and even alarm the public mind, which must be left to open itself, by degrees, to successive improvements. These will follow, from the nature of things: how far they can proceed, in the end, towards a thorough reformation of abuse, cannot be foreseen. In my opinion, a kind of influence, which none of their plans of reform take into account, will elude them all; I mean the influence of women in the government. The manners of the nation allow them to visit, alone, all persons in office, to solicit the affairs of the husband, family, or friends, and their solicitations bid defiance to laws and regulations. This obstacle may seem less to those, who, like our countrymen, are in the precious habit of considering right, as a barrier against all solicitation. Nor can such an one, without the evidence of his own eyes, believe in the desperate state to which things are reduced in this country, from the omnipotence of an influence, which, fortunately for the happiness of the sex itself, does not endeavor to extend itself, in our country, beyond the domestic line.

Your communications to the Count de Moustier, whatever they may have been, cannot have done injury to my endeavors here, to open the West Indies to us. On this head, the ministers are invincibly mute, though I have often tried to draw them into the subject. I have therefore found it necessary to let it lie, till war, or other circumstances, may force it on. Whenever they are in war with England, they must open the islands to us, and perhaps, during that war, they may see some price which might make them agree to keep them always open. In the mean time, I have laid my shoulder to the opening the markets of this country to our produce, and rendering its transportation a nursery for our seamen. A maritime force is the only one, by which we can act on Europe. Our navigation law (if it be wise to have any) should be the reverse of that of England. Instead of confining importations to home-bottoms, or those of the producing nation, I think we should confine exportations to home-bottoms, or to those of nations having treaties with us. Our exportations are heavy, and would nourish a great force of our own, or be a tempting price to the nation to whom we should offer a participation of it, in exchange for free access to all their possessions. This is an object to which our government alone is adequate, in the gross; but I have ventured to pursue it here, so far as the consumption of our productions by this country extends. Thus, in our arrangements relative to tobacco, none can be received here, but in French or American bottoms. This is employment for near two thousand seamen, and puts nearly that number of British out of employ. By the Arret of December, 1787, it was provided, that our whale-oils should not be received here, but in French or American bottoms; and by later regulations, all oils, but those of France and America, are excluded. This will put one hundred English whale vessels immediately out of employ, and one hundred and fifty ere long; and call so many of French and American into service. We have had six thousand seamen formerly in this business, the whole of whom we have been likely to lose. The consumption of rice is growing fast in this country, and that of Carolina gaining ground on every other kind. I am of opinion, the whole of the Carolina rice can be consumed here. Its transportation employs two thousand five hundred sailors, almost all of them English at present; the rice being deposited at Cowes, and brought from thence here. It would be dangerous to confine this transportation to French and American bottoms, the ensuing year, because they will be much engrossed by the transportation of wheat and flour hither, and the crop of rice might lie on hand for want of vessels; but I see no objections to the extension of our principle to this article also, beginning with the year 1790. However, before there is a necessity of deciding on this, I hope to be able to consult our new government in person, as I have asked of Congress a leave of absence for six months, that is to say, from April to November next. It is necessary for me to pay a short visit to my native country, first, to reconduct my family thither, and place them in the hands of their friends, and secondly, to place my private affairs under certain arrangements. When I left my own house, I expected to be absent but five months, and I have been led by events to an absence of five years. I shall hope, therefore, for the pleasure of personal conferences with your Excellency, on the subject of this letter, and others interesting to our country; of getting my own ideas set to rights by a communication of yours, and of taking again the tone of sentiment of my own country, which we lose in some degree, after a certain absence. You know, doubtless, of the death of the Marquis de Chastellux. The Marquis de la Fayette is out of favor with the court, but high in favor with the nation. I once feared for his personal liberty, but I hope he is on safe ground at present.

On the subject of the whale-fishery, I enclose you some observations I drew up for the ministry here, in order to obtain a correction of their Arret of September last, whereby they had involved our oils with the English, in a general exclusion from their ports. They will accordingly correct this, so that our oils will participate with theirs, in the monopoly of their markets. There are several things incidentally introduced, which do not seem pertinent to the general question: they were rendered necessary by particular circumstances, the explanation of which would add to a letter already too long. I will trespass no further, than to assure you of the sentiments of sincere attachment and respect, with which I have the honor to be your Excellency's most obedient, humble servant,

Th: Jefferson.

P. S. The observations enclosed, though printed, have been put into confidential hands only. T. J.



LETTER CLXXIII.—TO JOHN ADAMS, December 5, 1788

TO JOHN ADAMS.

Paris, December 5, 1788.

Dear Sir,

I had the pleasure of writing to you on the 2nd of August, and of adding a Postscript of August the 6th.

You recollect well the Arret of December the 29th, 1787, in favor of our commerce, and which, among other things, gave free admission to our whale-oil, under a duty of about two louis a ton. In consequence of the English treaty, their oils flowed in, and over-stocked the market. The light duty they were liable to under the treaty, still lessened by false estimates and aided by the high premiums of the British government, enabled them to undersell the French and American oils. This produced an outcry of the Dunkirk fishery. It was proposed to exclude all European oils, which would not infringe the British treaty. I could not but encourage this idea, because it would give to the French and American fisheries a monopoly of the French market. The Arret was so drawn up; but, in the very moment of passing it, they struck out the word European, so that our oils became involved. This, I believe, was the effect of a single person in the ministry. As soon as it was known to me, I wrote to Monsieur de Montmorin, and had conferences with him and the other ministers. I found it necessary to give them information on the subject of the whale-fishery, of which they knew little but from the partial information of their Dunkirk adventurers. I therefore wrote the observations (of which I enclose you a printed copy), had them printed to entice them to read them, and particularly developed the expense at which they are carrying on that fishery, and at which they must continue it, if they do continue it. This part was more particularly intended for Mr. Necker, who was quite a stranger to the subject, who has principles of economy, and will enter into calculations. Other subjects are incidentally introduced; though little connected with the main question, they had been called for by other circumstances. An immediate order was given for the present admission of our oils, till they could form an Arret; and, at a conference, the draught of an Arret was communicated to me, which re-established that of December the 29th. They expressed fears, that, under cover of our name, the Nova Scotia oils would be introduced; and a blank was left in the draught for the means of preventing that. They have since proposed, that the certificate of their consul shall accompany the oils, to authorize their admission, and this is what they will probably adopt. It was observed, that if our States would prohibit all foreign oils from being imported into them, it would be a great safeguard, and an encouragement to them to continue the admission. Still there remains an expression in the Arret, that it is provisory only. However, we must be contented with it as it is; my hope being, that the legislature will be transferred to the National Assembly, in whose hands it will be more stable, and with whom it will be more difficult to obtain a repeal, should the ministry hereafter desire it. If they could succeed in drawing over as many of our Nantucket men as would supply their demands of oil, we might then fear an exclusion; but the present Arret, as soon as it shall be passed, will, I hope, place us in safety till that event, and that event may never happen. I have entered into all these details, that you may be enabled to quiet the alarm which must have been raised by the Arret of September the 28th, and assure the adventurers that they may pursue their enterprises as safely as if that had never been passed, and more profitably, because we participate now of a monopolized, instead of an open market. The enclosed observations, though printed, have only been given to the ministers, and one or two other confidential persons. You will see that they contain matter which should be kept from the English, and will therefore trust them to the perusal only of such persons as you can confide in. We are greatly indebted to the Marquis de la Fayette for his aid on this, as on every other occasion. He has paid the closest attention to it, and combated for us with the zeal of a native.

The necessity of reconducting my family to America, and of placing my affairs there under permanent arrangements, has obliged me to ask of Congress a six months' absence, to wit, from April to November next. I hope, therefore, to have the pleasure of seeing you there, and particularly, that it will be at New York that I shall find you. Be so good as to present my sincere esteem to Mrs. Adams, and believe me to be, with very affectionate attachment, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CLXXIV.—TO MR. SHORT, December 8, 1788

TO MR. SHORT.

Paris, December 8, 1788.

Dear Sir,

My last to you was of the 21st of November, addressed to Milan, poste restante, according to the desire expressed through Mrs. Paradise. I have lately received yours of the 19th of November, and sincerely felicitate you on your recovery. I wish you may have suffered this to be sufficiently established before you set out on your journey. The present letter will probably reach you amidst the classical enjoyments of Rome. I feel myself kindle at the reflection, to make that journey; but circumstances will oblige me to postpone it at least. We are here under a most extraordinary degree of cold. The thermometer has been ten degrees of Reaumur below freezing: this is eight degrees of Fahrenheit above zero, and was the degree of cold here in the year 1740. The long continuance of this severity, and the snow now on the ground, give physical prognostications of a hard winter. You will be in a privileged climate, and will have had an enviable escape from this. The Notables are not yet separated, nor is their treasonable vote against the people yet consolidated; but it will be. The parliament have taken up the subject, and passed a very laudable vote in opposition. They have made it the occasion of giving sketches of what should be a bill of rights. Perhaps this opposition of authority may give the court an option between the two. Stocks are rising slowly, but steadily. The loan of 1784 is at thirteen loss; the caisse d'escompte, four thousand and seventy-five. The Count de Bryenne has retired, and M. de Puysegur succeeded to his place. Madame de Chambonois (sister of M. de Langear) is dead of the small-pox. Pio is likely to receive a good appointment in his own country, which will take him from us. Corn is likely to become extremely scarce in France, Spain, and England. This country has offered a premium of forty sous the quintal on flour of the United States, and thirty sous the quintal on our wheat, to be brought here between February and June.

General Washington writes me, that industry and economy begin to take place of that idleness and extravagance which had succeeded the close of the war. The Potomac canal is in great forwardness. J. M. writes me word, that Mr. Jay and General Knox are talked of in the Middle States for Vice-Presidents, but he queries whether both will not prefer their present births. It seems agreed, that some emendations will be made to the new constitution. All are willing to add a bill of rights; but they fear the power of internal taxation will be abridged. The friends of the new government will oppose the method of amendment by a federal convention, which would subject the whole instrument to change, and they will support the other method, which admits Congress, by a vote of two thirds, to submit specific changes to the Assemblies, three fourths of whom must concur to establish them.

The enclosed letter is from Pallegrino, one of the Italian laborers established in our neighborhood. I fancy it contains one for his father. I have supposed it would not be unpleasant to you to have the delivery of it, as it may give you a good opportunity of conferring with one of that class as much as you please. I obey at the same time my own wishes to oblige the writer. Mazzei is at this time ill, but not in danger. I am impatient to receive further letters from you, which may assure me of the solidity of your recovery, being, with great anxiety for your health and happiness, Dear Sir, your affectionate friend and servant,

Th: Jefferson.

[The annexed is here inserted in the Author's MS. To whom addressed, does not appear.]

The Minister Plenipotentiary for the United States of America finds himself under the necessity of declining to authenticate writings destined to be sent to the United States, for this main reason, that such authentication is not legal evidence there. After a reason so sufficient, it seems superfluous to add, that, were his authentication admissible in the courts of the United States, he could never give it to any seal or signature, which had not been put in his presence; that he could never certify a copy, unless both that and the original were in a hand-writing legible to him, and had been compared together by him, word by word: that so numerous are the writings presented, that their authentication alone would occupy the greater part of his time, and, withdrawing him from his proper duties, would change the nature of his office to that of a notary. He observes to those who do him the honor of addressing themselves to him on this subject, that the laws for the authentication of foreign writings are not the same through all the United States, some requiring an authentication under the seal of the Prevote of a city, and others admitting that of a Notary: but that writings authenticated in both these manners, will, under the one or the other, be admitted in most, if not all of the United States. It would seem advisable, then, to furnish them with this double authentication.



LETTER CLXXV.—TO DOCTOR GILMER, December 16, 1788

TO DOCTOR GILMER.

Paife, December 16, 1788.

Dear Doctor,

Your last letter of December the 23rd was unlucky, like the former one, in arriving while I was absent on a call of public business in Holland. I was discouraged from answering the law part of it on my return, because I foresaw such a length of time between the date of that and receipt of the answer, as would give it the air of a prescription after the death of the patient. I hope the whole affair is settled, and that you are established in good titles to all the lands. Still, however, being on the subject, I cannot help adding a word, in answer to the objection which you say is raised on the words 'the estate,' instead of 'my estate.' It has long been confessed in the courts, that the first decision, that a devise of lands to a person without words of inheritance, should carry an estate for life only, was an absurd decision, founded on feudal principles, after feudal ideas had long been lost by the unlettered writers of their own wills: and it has often been said, that were the matter to begin again, it should be decided that such a devise should carry a fee simple, as every body is sensible testators intend, by these expressions. The courts, therefore, circumscribe the authority of this chain of decisions, all hanging on the first link, as much as possible; and they avail themselves of every possible circumstance which may render any new case unlike the old one, and authorize them to conform their judgments to common sense, and the will of the testator. Hence they decide, that in a devise of 'my estate at M.' to such a one, without words of inheritance, the word estate is descriptive of the duration of the interest bequeathed, as well as its locality. From the same desire of getting back into the paths of common sense, they would not suffer the particle 'the' instead of 'my', to make a difference. 'My estate at M.' means not only my lands at M., but my fee simple in them. 'The estate at M.' means not only 'the lands the testator holds at M., but the fee simple he has in them.' Another objection will be made, perhaps, viz. that the testator devises in the same clause his estate called Marrow-bone, his tract called Horse-pasture, and his tract called Poison-field; that it is probable he intended to give the same interest in all; and as it is confessed that the word tract conveys but an estate for life, we must conclude that the word estate was meant to convey the same. I should reverse the argument, and say, as it confessed the word estate, conveys an estate in fee simple, we must conclude the word tract was meant to convey the same; that this conclusion coincides with the wishes of the courts, as bringing them back to what is right and consentaneous to the intention of the testator, as furnishing them a circumstance to distinguish the case from the original one, and withdraw it from its authority; whereas, the contrary conclusion tends to lead them further from the meaning of testators, and to fix them in error.

But I perceive that my wishes to see the weight of no objection where you are interested, are leading me to write an argument, where I had promised I would say only a word. I will, therefore, talk the subject over with you at Monticello, or Pen-park. I have asked of Congress a leave of five or six months' absence next year, that I may carry my daughters home, and assist in the arrangement of my affairs. I shall pass two of the months at Monticello, that is to say, either June and July, or July and August, according to the time I may sail, which I hope will be in April: and then go on to New York and Boston, from whence I shall embark again for Europe, so as to get here before the winter sets in. I look forward with great fondness to the moment, when I can again see my own country and my own neighbors, and endeavor to anticipate as little as possible the pain of another separation from them. I hope I shall find you all under the peaceable establishment of the new constitution, which, as far as I can judge from public papers, seems to have become necessary for the happiness of our country. I thank you for your kind inquiries about my wrist. I followed advice with it, till I saw, visibly, that the joint had never been replaced, and that it was absurd to expect that cataplasms and waters would reduce dislocated bones. From that moment I have done nothing. I have for ever lost the use of my hand, except that I can write: and a withered hand and swelled and crooked fingers, still remaining twenty-seven months after the accident, make me fear I do not yet know the worst of it. But this, too, we will talk over at Monticello, and endeavor that it be the only pain to which our attention may be recalled. Adieu, my dear friend. Kiss and bless every body for me, Mrs. Gilmer especially. Assure her and yourself of the sincere and constant attachment of, Dear Doctor, your affectionate friend and servant,

Th: Jefferson.



LETTER CLXXVI.—TO THOMAS PAINE, December 23,1788

TO THOMAS PAINE.

Paris, December 23,1788.

Dear Sir,

It is true that I received very long ago your favors of September the 9th and 15th, and that I have been in daily intention of answering them, fully and confidentially; but you know such a correspondence between you and me cannot pass through the post, nor even by the couriers of ambassadors. The French packet-boats being discontinued, I am now obliged to watch opportunities by Americans going to London, to write my letters to America. Hence it has happened, that these, the sole opportunities by which I can write to you without fear, have been lost, by the multitude of American letters I had to write. I now determine, without foreseeing any such conveyance, to begin my letter to you, so that when a conveyance occurs, I shall only have to add recent occurrences. Notwithstanding the interval of my answer which has taken place, I must beg a continuance of your correspondence; because I have great confidence in your communications, and since Mr. Adams's departure, I am in need of authentic information from that country.

I will begin with the subject of your bridge, in which I feel myself interested; and it is with great pleasure that I learn, by your favor of the 16th, that the execution of the arch of experiment exceeds your expectations. In your former letter you mention, that, instead of arranging your tubes and bolts as ordinates to the cord of the arch, you had reverted to your first idea, of arranging them in the direction of radii. I am sure it will gain both in beauty and strength. It is true that the divergence of these radii recurs as a difficulty, in getting the rails on upon the bolts; but I thought this fully removed by the answer you first gave me, when I suggested that difficulty, to wit, that you should place the rails first, and drive the bolts through them, and not, as I had imagined, place the bolts first, and put the rails on them. I must doubt whether what you now suggest will be as good as your first idea; to wit, to have every rail split into two pieces longitudinally, so that there shall be but the halves of the holes in each, and then to clamp the two halves together. The solidity of this method cannot be equal to that of the solid rail, and it increases the suspicious parts of the whole machine, which, in a first experiment, ought to be rendered as few as possible. But of all this the practical iron men are much better judges than we theorists. You hesitate between the catenary and portion of a circle. I have lately received from Italy a treatise on the equilibrium of arches, by the Abbe Mascheroni. It appears to be a very scientifical work. I have not yet had time to engage in it; but I find that the conclusions of his demonstrations are, that every part of the catenary is in perfect equilibrium. It is a great point, then, in a new experiment, to adopt the sole arch, where the pressure will be equally borne by every point of it. If any one point is pushed with accumulated pressure, it will introduce a danger, foreign to the essential part of the plan. The difficulty you suggest, is, that the rails being all in catenaries, the tubes must be of different lengths, as these approach nearer or recede farther from each other, and therefore you recur to the portions of concentric circles, which are equidistant in all their parts. But I would rather propose, that you make your middle rail an exact catenary, and the interior and exterior rails parallels to that. It is true, they will not be exact catenaries, but they will depart very little from it; much less than portions of circles will. Nothing has been done here on the subject since you went away. There is an Abbe D'Arnal at Nismes, who had obtained an exclusive privilege for navigating the rivers of this country by the aid of the steam-engine. This interests Mr. Rumsey, who had hoped the same thing. D'Arnal's privilege was published in a paper of the 10th of November. Probably, therefore, his application for it was previous to the delivery of Mr. Rumsey's papers to the secretary of the Academy of Sciences, which was in the latter part of the month of August. However, D'Arnal is not a formidable competitor. He is not in circumstances to make any use himself of his privilege, and he has so illy succeeded with a steam-mill he erected at Nismes, that he is not likely to engage others to venture in his projects. To say another word of the catenarian arch, without caring about mathematical demonstrations, its nature proves it to be in equilibrio in every point. It is the arch formed by a string fixed at both ends, and swaying loose in all the intermediate points. Thus at liberty, they must finally take that position, wherein every one will be equally pressed; for if any one was more pressed than the neighboring point, it would give way, from the flexibility of the matter of the string.

*****

I am, with sentiments of sincere esteem and attachment, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CLXXVII.—TO JOHN JAY, January 11, 1789

TO JOHN JAY.

Paris, January 11, 1789.

Sir,

My last letters were of the 14th, 19th, and 29th of November, by the way of London. The present will go the same way, through a private channel.

All military operations in Europe seem to have been stopped, by the excessive severity of the weather. In this country, it is unparalleled in so early a part of the winter, and in duration, having continued since the middle of November, during which time it has been as low as nine degrees below nought, that is to say, forty degrees below freezing, by Fahrenheit's thermometer; and it has increased the difficulties of the administration here. They had, before, to struggle with the want of money, and want of bread for the people, and now, the want of fuel for them, and want of employment. The siege of Oczakow is still continued, the soldiers sheltering themselves in the Russian manner, in subterraneous barracks; and the Captain Pacha has retired with his fleet. The death of the King of Spain has contributed, with the insanity of the English King, to render problematical the form which the affairs of Europe will ultimately take. Some think a peace possible between the Turks and two Empires, with the cession of Crimea to the former, as less important to Russia than Poland, which she is in danger of losing. In this case, the two Empires might attack the King of Prussia, and the scene of war be only changed. He is certainly uneasy at the accident happened to his principal ally. There seems no doubt, but that the Prince of Wales will be sole regent; but it is also supposed, they will not give him the whole executive power, and particularly, that of declaring war without the consent of the parliament. Should his personal dispositions, therefore, and that of a new ministry, be the same which the King had, of co-operating with Prussia, yet the latter cannot count on their effect. Probably, the parliament will not consent to war, so that I think we may consider the two great powers of France and England as absolutely at rest for some time.

As the character of the Prince of Wales is becoming interesting, I have endeavored to learn what it truly is. This is less difficult in his case, than in that of other persons of his rank, because he has taken no pains to hide himself from the world. The information I most rely on, is from a person here, with whom I am intimate, who divides his time between Paris and London, an Englishman by birth, of truth, sagacity, and science. He is of a circle, when in London, which has had good opportunities of knowing the Prince; but he has also, himself, had special occasions of verifying their information, by his own personal observation. He happened, when last in London, to be invited to a dinner of three persons. The Prince came by chance, and made the fourth. He ate half a leg of mutton; did not taste of small dishes, because small; drank Champagne and Burgundy as small beer during dinner, and Bordeaux after dinner, as the rest of the company. Upon the whole, he ate as much as the other three, and drank about two bottles of wine without seeming to feel it. My informant sat next him, and being till then unknown to the Prince, personally, (though not by character), and lately from France, the Prince confined his conversation almost entirely to him. Observing to the Prince that he spoke French without the least foreign accent, the Prince told him, that when very young, his father had put only French servants about him, and that it was to that circumstance he owed his pronunciation. He led him from this to give an account of his education, the total of which was the learning a little Latin. He has not a single element of Mathematics, of Natural or Moral Philosophy, or of any other science on earth, nor has the society he has kept been such as to supply the void of education. It has been that of the lowest, the most illiterate and profligate persons of the kingdom, without choice of rank or mind, and with whom the subjects of conversation are only horses, drinking-matches, bawdy houses, and in terms the most vulgar. The young nobility, who begin by associating with him, soon leave him, disgusted with the insupportable profligacy of his society; and Mr. Fox, who has been supposed his favorite, and not over nice in the choice of company, would never keep his company habitually. In fact, he never associated with a man of sense. He has not a single idea of justice, morality, religion, or of the rights of men, or any anxiety for the opinion of the world. He carries that indifference for fame so far, that he would probably not be hurt were he to lose his throne, provided he could be assured of having always meat, drink, horses, and women. In the article of women, nevertheless, he is become more correct, since his connection with Mrs. Fitzherbert, who is an honest and worthy woman: he is even less crapulous than he was. He had a fine person, but it is becoming coarse. He possesses good native common sense; is affable, polite, and very good humored. Saying to my informant on another occasion, 'your friend, such a one, dined with me yesterday, and I made him damned drunk;' he replied, 'I am sorry for it; I had heard that your royal highness had left off drinking;' the Prince laughed, tapped him on the shoulder very good-naturedly, without saying a word, or ever after showing any displeasure. The Duke of York, who was for some time cried up as the prodigy of the family, is as profligate, and of less understanding. To these particular traits, from a man of sense and truth, it would be superfluous to add the general terms of praise or blame, in which he is spoken of by other persons, in whose impartiality and penetration, I have less confidence. A sample is better than a description. For the peace of Europe, it is best that the King should give such gleamings of recovery, as would prevent the regent or his ministry from thinking themselves firm, and yet, that he should not recover. This country advances with a steady pace towards the establishment of a constitution, whereby the people will resume the great mass of those powers, so fatally lodged in the hands of the King. During the session of the Notables, and after their votes against the rights of the people, the Parliament of Paris took up the subject, and passed a vote in opposition to theirs, (which I send you.) This was not their genuine sentiment: it was a manoeuvre of the young members, who are truly well disposed, taking advantage of the accidental absence of many old members, and bringing others over by the clause, which, while it admits the negative of the States General in legislation, reserves still to the parliament the right of enregistering, that is to say, another negative. The Notables persevered in their opinion. The Princes of the blood (Monsieur and the Duke d'Orleans excepted) presented and published a memoire, threatening a scission. The parliament were proposing to approve of that memoire (by way of rescinding their former vote), and were prevented from it by the threat of a young member, to impeach (denoncer) the memoire and the Princes who signed it. The vote of the Notables, therefore, remaining balanced by that of the parliament, the voice of the nation becoming loud and general for the rights of the Tiers-Etat, a strong probability that if they were not allowed one half the representation, they would send up their members with express instructions to agree to no tax and to no adoption of the public debts, and the court really wishing to give them a moiety of the representation, this was decided on ultimately. You are not to suppose that these dispositions of the court proceed from any love of the people, or justice towards their rights. Courts love the people always, as wolves do the sheep. The fact is this. The court wants money. From the Tiers-Etat they cannot get it, because they are already squeezed to the last drop. The clergy and the nobles, by their privileges and their influence, have hitherto screened their property, in a great degree, from public contribution. That half of the orange, then, remains yet to be squeezed, and for this operation there is no agent powerful enough, but the people. They are, therefore, brought forward as the favorites of the court, and will be supported by them. The moment of crisis will be the meeting of the States; because their first act will be, to decide whether they shall vote by persons or by orders. The clergy will leave nothing unattempted to obtain the latter; for they see that the spirit of reformation will not confine itself to the political, but will extend to the ecclesiastical establishment also. With respect to the nobles, the younger members are generally for the people, and the middle aged are daily coming over to the same side: so that by the time the States meet, we may hope there will be a majority of that body, also, in favor of the people, and consequently for voting by persons, and not by orders.

You will perceive, by the report of Mr. Necker (in the gazette of France), 1. a renewal of the renunciation of the power of imposing a new tax by the King, and a like renunciation of the power of continuing any old one; 2. an acknowledgment that the States are to appropriate the public monies, which will go to the binding the court to a civil list; 3. a consent to the periodical meeting of the States; 4. to consider of the restrictions of which lettres de cachet are susceptible; 5. the degree of liberty to be given to the press; 6. a bill of rights; and 7. there is a passage which looks towards the responsibility of ministers. Nothing is said of communicating to them a share in the legislation. The ministry, perhaps, may be unwilling to part with this, but it will be insisted on in the States. The letters of convocation will not appear till towards the latter end of the month: neither time nor place are yet declared, but Versailles is talked of, and we may well presume that some time in April will be fixed on. In the mean time, Mr. Necker gets money to keep the machine in motion. Their funds rose slowly, but steadily, till within these few days, when there was a small check. However, they stand very well, and will rise. The caisse d'escompte lent the government twenty-five millions, two days ago. The navy of this country sustained a heavy loss lately, by the death of the Bailli de Suffrein. He was appointed Generalissimo of the Atlantic, when war was hourly expected with England, and is certainly the officer on whom the nation would have reposed its principal hopes, in such a case. We just now hear of the death of the Speaker of the House of Commons, before the nomination of a regent, which adds a new embarrassment to the re-establishment of government in England. Since writing mine of November the 29th, yours of the 23rd of September has come to hand. As the General of the Mathurins was to be employed in the final redemption of our captives, I thought that their previous support had better be put into his hands, and conducted by himself in such a way as not to counterwork his plan of redemption, whenever we can enable him to begin on it. I gave him full powers as to the amount and manner of subsisting them. He has undertaken it, informing me, at the same time, that it will be on a very low scale, to avoid suspicion of its coming from the public. He spoke of but three sous a day per man, as being sufficient for their physical necessaries, more than which, he thinks it not advisable to give. I have no definitive answer yet from our bankers, whether we may count on the whole million last agreed to be borrowed, but I have no doubt of it, from other information, though I have not their formal affirmative. The gazettes of Leyden and France to this date, accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,

Th: Jefferson.



LETTER CLXXVIII.—TO JAMES MADISON, January 12, 1789

TO JAMES MADISON.

Paris, January 12, 1789.

Dear Sir,

My last to you was of the 18th of November; since which, I have received yours of the 21st of September, and October the 8th, with the pamphlet on the Mohicon language, for which, receive my thanks. I endeavor to collect all the vocabularies I can of the American Indians, as of those of Asia, persuaded, that if they ever had a common parentage, it will appear in their languages.

I was pleased to see the vote of Congress, of September the 16th, on the subject of the Mississippi, as I had before seen, with great uneasiness, the pursuit of other principles, which I could never reconcile to my own ideas of probity or wisdom, and from which, and my knowledge of the character of our western settlers, I saw that the loss of that country was a necessary consequence. I wish this return to true policy may be in time to prevent evil. There has been a little foundation for the reports and fears relative to the Marquis de la Fayette. He has, from the beginning, taken openly part with those who demand a constitution; and there was a moment that we apprehended the Bastile: but they ventured on nothing more, than to take from him a temporary service, on which he had been ordered; and this, more to save appearances for their own authority, than any thing else; for at the very time they pretended that they had put him into disgrace, they were constantly conferring and communicating with him. Since this, he has stood on safe ground, and is viewed as among the foremost of the patriots. Every body here is trying their hand at forming declarations of rights. As something of that kind is going on with you also, I send you two specimens from hence. The one is by our friend of whom I have just spoken. You will see that it contains the essential principles of ours, accommodated as much as could be, to the actual state of things here. The other is from a very sensible man, a pure theorist, of the sect called the Economists, of which Turgot was considered as the head. The former is adapted to the existing abuses, the latter goes to those possible, as well as to those existing.