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The Writings of Thomas Jefferson - Library Edition - Vol. 6 (of 20)
by Thomas Jefferson
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I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient humble servant.

[The annexed are translations of the declaration and counter-declaration, referred to in the preceding letter.]

DECLARATION.

The events which have taken place in the republic of the United provinces, appearing no longer to leave any subject of discussion, and still less of dispute, between the two courts, the undersigned are authorized to ask, if it be the intention of his most Christian Majesty to act in pursuance of the notification given, on the 16th of last month, by the Minister Plenipotentiary of his most Christian Majesty, which announcing his purpose of aiding Holland, has occasioned maritime armaments on the part of his Majesty, which armaments have become reciprocal.

If the court of Versailles is disposed to explain itself on this subject, and on the conduct adopted towards the republic, in a manner conformably to the desire evinced by each party, to preserve a good understanding between the two courts, it being also understood, at the same time, that no hostile view is entertained in any quarter, in consequence of the past; his Majesty, always eager to manifest his concurrence in the friendly sentiments of his most Christian Majesty, agrees forthwith that the armaments, and, in general, all preparations for war, shall be mutually discontinued, and that the marines of the two nations shall be placed on the footing of a peace establishment, such as existed on the first of January of the present year.

Signed. { DORSET. { WM. EDEN.

At Versailles, the 27th of October, 1787.

COUNTER-DECLARATION.

It neither being, nor ever having been, the intention of his Majesty to interpose by force in the affairs of the republic of the United provinces, the communication made to the court of London by M. Barthelemy, having had no other object than to announce to that court an intention, the motives of which no longer exist, especially since the King of Prussia has made known his resolution, his Majesty makes no difficulty in declaring, that he has no wish to act in pursuance of the communication aforesaid, and that he entertains no hostile view in any quarter, relative to what has passed in Holland.

Consequently, his Majesty, desiring to concur in the sentiments of his Britannic Majesty, for the preservation of a good understanding between the two courts, consents with pleasure to the proposition of his Britannic Majesty, that the armaments, and, in general, all preparations for war, shall be mutually discontinued, and that the marines of the two nations shall be replaced upon the footing of the peace establishment, as it existed on the first day of January of the present year.

Signed. MONTMORIN.

At Versailles, the 27th of October, 1787.



TO JOHN JAY.

(Private.) PARIS, November 3, 1787.

DEAR SIR,—I shall take the liberty of confiding sometimes to a private letter such details of the small history of the court or cabinet, as may be worthy of being known, and yet not proper to be publicly communicated. I doubt whether the administration is yet in a permanent form. The Count de Montmorin and Baron de Breteuil are, I believe, firm enough in their places. It was doubted whether they would wait for the Count de La Luzerne, if the war had taken place; but at present, I suppose they will. I wish it also, because M. de Hector, his only competitor, has on some occasions shown little value for the connection with us. Lambert, the Comptroller General, is thought to be very insecure. I should be sorry also to lose him. I have worked several days with him, the Marquis de La Fayette, and Monsieur du Pont, (father of the young gentleman gone to America with the Count de Moustier) to reduce into one Arret, whatever concerned our commerce. I have found him a man of great judgment and application, possessing good general principles on subjects of commerce, and friendly dispositions towards us. He passed the Arret in a very favorable form, but it has been opposed in the Council, and will, I fear, suffer some alteration in the article of whale oil. That of tobacco, which was put into a separate instrument, experiences difficulties also, which do not come from him. M. du Pont has rendered us essential service on these occasions. I wish his son could be so well noticed, as to make a favorable report to his father; he would, I think, be gratified by it, and his good dispositions be strengthened, and rendered further useful to us. Whether I shall be able to send you these regulations by the present packet, will depend on their getting through the Council in time. The Archbishop continues well with his patroness. Her object is, a close connection with her brother. I suppose he convinces her, that peace will furnish the best occasion of cementing that connection.

It may not be uninstructive, to give you the origin and nature of his influence with the Queen. When the Duke de Choiseul proposed the marriage of the Dauphin with this lady, he thought it proper to send a person to Vienna, to perfect her in the language. He asked his friend, the Archbishop of Thoulouse, to recommend to him a proper person. He recommended a certain Abbe. The Abbe, from his first arrival at Vienna, either tutored by his patron, or prompted by gratitude, impressed on the Queen's mind, the exalted talents and merit of the Archbishop, and continually represented him as the only man fit to be placed at the helm of affairs. On his return to Paris, being retained near the person of the Queen, he kept him constantly in her view. The Archbishop was named of the Assembly des Notables, had occasion enough there to prove his talents, and Count de Vergennes, his great enemy, dying opportunely, the Queen got him into place. He uses the Abbe even yet, for instilling all his notions into her mind. That he has imposing talents and patriotic dispositions, I think is certain. Good judges think him a theorist only, little acquainted with the details of business, and spoiling all his plans by a bungled execution. He may perhaps undergo a severe trial. His best actions are exciting against him a host of enemies, particularly the reduction of the pensions, and reforms in other branches of economy. Some think the other ministers are willing he should stay in, till he has effected this odious, yet necessary work, and that they will then make him the scape-goat of the transaction. The declarations too, which I send you in my public letter, if they should become public, will probably raise an universal cry. It will all fall on him, because Montmorin and Breteuil say, without reserve, that the sacrifice of the Dutch has been against their advice. He will, perhaps, not permit these declarations to appear in this country. They are absolutely unknown; they were communicated to me by the Duke of Dorset, and I believe no other copy has been given here. They Till be published doubtless in England, as a proof of their triumph, and may thence make their way into this country. If the Premier can stem a few months, he may remain long in office, and will never make war if he can help it. If he should be removed, the peace will probably be short. He is solely chargeable with the loss of Holland. True, they could not have raised money by taxes, to supply the necessities of war; but could they do it were their finances ever so well arranged? No nation makes war now-a-days, but by the aid of loans; and it is probable, that in a war for the liberties of Holland, all the treasures of that country would have been at their service. They have now lost the cow which furnishes the milk of war. She will be on the side of their enemies, whenever a rupture shall take place; and no arrangement of their finances can countervail this circumstance.

I have no doubt, you permit access to the letters of your foreign ministers, by persons only of the most perfect trust. It is in the European system, to bribe the clerks high, in order to obtain copies of interesting papers. I am sure you are equally attentive to the conveyance of your letters to us, as you know that all are opened that pass through any post-office of Europe. Your letters which come by the packet, if put into the mail at New York, or into the post-office at Havre, wear proofs that they have been opened. The passenger to whom they are confided, should be cautioned always to keep them in his own hands, till he can deliver them personally in Paris.

I have the honor to be, with very sincere esteem and respect, dear Sir, your most obedient, and most humble servant.



TO THE COUNT DE MONTMORIN.

PARIS, November 6, 1787.

SIR,—I take the liberty of asking your Excellency's perusal of the enclosed case of an American hostage, confined in the prisons of Dunkirk. His continuance seems to be useless, and yet endless. Not knowing how far the government can interfere for his relief, as it is a case wherein private property is concerned, I do not presume to ask his liberation absolutely; but I will solicit from your Excellency such measures in his behalf, as the laws and usages of the country may permit.

The Comptroller General having been so good as to explain to me in a conversation that he wished to know what duties were levied in England on American whale oil, I have had the honor of informing him by letter, that the ancient duties on that article are seventeen pounds, six shillings and six pence sterling, the ton, and that some late additional duties make them amount to about eighteen pounds sterling. That the common whale oil sells there but for about twenty pounds sterling, the ton, and of course the duty amounts to a prohibition. This duty was originally laid on all foreign fish oil, with a view to favor the British and American fisheries. When we became independent, and, of course, foreign to great Britain, we became subject to the foreign duty. No duty, therefore, which France may think proper to lay on this article, can drive it to the English market. It could only oblige the inhabitants of Nantucket to abandon their fishery. But the poverty of their soil offering them no other resource, they must quit their country, and either establish themselves in Nova Scotia, where, as British fishermen, they may participate of the British premium, in addition to the ordinary price of their whale oil, or they must accept the conditions which this government offers, for the establishment they have proposed at Dunkirk. Your Excellency will judge, what conditions may counterbalance, in their minds, the circumstances of the vicinity of Nova Scotia, sameness of language, laws, religion, customs and kindred. Remaining in their native country, to which they are most singularly attached, excluded from commerce with England, taught to look to France as the only country from which they can derive sustenance, they will, in case of war, become useful rovers against its enemies. Their position, their poverty, their courage, their address and their hatred, will render them formidable scourges on the British commerce. It is to be considered then, on the one hand, that the duty which M. de Calonnes had proposed to retain on their oil, may endanger the shifting this useful body of seamen out of our joint scale into that of the British; and also may suppress a considerable subject of exchange for the productions of France: on the other hand, that it may produce an addition to his Majesty's revenue. What I have thus far said, is on the supposition, that the duty may operate a diminution of the price received by the fishermen. If it act in the contrary direction, and produce an augmentation of price to the consumer, it immediately brings into competition a variety of other oils, vegetable and animal, a good part of which France receives from abroad, and the fisherman thus losing his market, is compelled equally to change either his calling or country. When M. de Calonnes first agreed to reduce the duties to what he has declared, I had great hopes the commodity could bear them, and that it would become a medium of commerce between France and the United States. I must confess, however, that my expectations have not been fulfilled, and that but little has come here as yet. This induces me to fear, that it is so poor an article, that any duty whatever will suppress it. Should this take place, and the spirit of emigration once seize those people, perhaps an abolition of all duty might then come too late to stop, what it would now easily prevent. I fear there is danger in the experiment; and it remains for the wisdom of his Majesty and his ministers to decide, whether the prospect of gain to the revenue, or establishing a national fishery, may compensate this danger. If the Government should decide to retain the duty, I shall acquiesce in it cheerfully, and do everything in my power to encourage my countrymen still to continue their occupation.

The actual session of our several legislatures would render it interesting to forward immediately the regulations proposed on our commerce; and the expiration of the order of Bernis, at the close of this month, endangers a suspension and derangement in the commerce of tobacco, very embarrassing to the merchants of the two countries. Pardon me, therefore, Sir, if I appear solicitous to obtain the ultimate decision of his Majesty's Council on these subjects and to ask as early a communication of that decision, as shall be convenient.

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



TO THE HON. JOHN JAY.

PARIS, November 7, 1787.

SIR,—By a letter of the 2d instant, from the Count de Moustier, I perceive he is still at Brest. The wind has been now near a month in the south-western quarter, and if it remains there a few days longer, my despatches by the packet may reach you as soon as those by Monsieur de Moustier. This being the last post which can reach the packet, should she sail on the 10th, I avail myself of it to inform you of the only circumstance, since the date of my letters delivered to Mr. Stuart, worth your knowledge; that is the appointment of the Chevalier de La Luzerne, Ambassador to the Court of London. This fortunate issue of those expectations which made him unwilling to return to America, together with the character of his successor, will, I hope, render it pleasing to Congress that his return was not too much pressed. He would have gone back with dispositions toward us very different from those he will carry for us to the Court of London. He has been constantly sensible that we wished his return, and that we could have procured it, but that we did not wish to stand in the way of his promotion. He will view this as in some measure the effect of our indulgence, and I think we may count on his patronage and assistance wherever they may be useful to us. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.



TO JOHN ADAMS.

PARIS, November 13, 1787.

DEAR SIR,—This will be delivered you by young Mr. Rutledge. Your knowledge of his father will introduce him to your notice. He merits it moreover, on his own account.

I am now to acknowledge your favors of Oct. the 8th and 26th. That of Aug. 25th was duly received, nor can I recollect by what accident I was prevented from acknowledging it in mine of Sept. the 28th. It has been the source of my subsistence hitherto, and must continue to be so, till I receive letters on the affairs of money from America. Van Staphorsts and Willinks have answered my drafts. Your books for the Marquis de La Fayette are received here. I will notify it to him, who is at present with his Provincial Assembly in Auvergne.

Little is said lately of the progress of the negotiations between the courts of Petersburg, Vienna and Versailles. The distance of the former, and the cautious, unassuming character of its minister here, is one cause of delays: a greater one is, the greediness and unstable character of the Emperor. Nor do I think that the Principal here will be easily induced to lend himself to any connection, which shall threaten a war within a considerable number of years. His own reign will be that of peace only, in all probability; and were any accident to tumble him down, this country would immediately gird on its sword and buckler, and trust to occurrences for supplies of money. The wound their honor has sustained festers in their hearts; and it may be said with truth, that the Archbishop, and a few priests determined to support his measures, because, proud to see their order come again into power, are the only advocates for the line of conduct which has been pursued. It is said and believed through Paris literally, that the Count de Montmorin, "pleuroit comme un enfant," when obliged to sign the counter-declaration. Considering the phrase as figurative, I believe it expresses the distress of his heart. Indeed, he has made no secret of his individual opinion. In the meantime, the Principal goes on with a firm and patriotic spirit, in reforming the cruel abuses of the government, and preparing a new constitution, which will give to this people as much liberty as they are capable of managing. This, I think, will be the glory of his administration, because, though a good theorist in finance, he is thought to execute badly. They are about to open a loan of one hundred millions, to supply present wants, and it is said, the preface of the Arret will contain a promise of the convocation of the States General, during the ensuing year. Twelve or fifteen Provincial Assemblies are already in action, and are going on well; and I think, that though the nation suffers in reputation, it will gain infinitely in happiness, under the present administration. I enclose to Mr. Jay, a pamphlet which I will beg of you to forward. I leave it open for your perusal. When you shall have read it, be so good as to stick a wafer in it. It is not yet published, nor will be for some days. This copy has been ceded to me as a favor.

How do you like our new constitution? I confess there are things in it which stagger all my dispositions to subscribe to what such an Assembly has proposed. The house of federal representatives will not be adequate to the management of affairs, either foreign or federal. Their President seems a bad edition of a Polish King. He may be elected from four years to four years, for life. Reason and experience prove to us, that a chief magistrate, so continuable, is an office for life. When one or two generations shall have proved that this is an office for life, it becomes, on every occasion, worthy of intrigue, of bribery, of force, and even of foreign interference. It will be of great consequence to France and England, to have America governed by a Galloman or Angloman. Once in office, and possessing the military force of the Union, without the aid or check of a council, he would not be easily dethroned, even if the people could be induced to withdraw their votes from him. I wish that at the end of the four years, they had made him forever ineligible a second time. Indeed, I think all the good of this new constitution might have been couched in three or four new articles, to be added to the good, old and venerable fabric, which should have been preserved even as a religious relique. Present me and my daughters affectionately to Mrs. Adams. The younger one continues to speak of her warmly. Accept yourself, assurances of the sincere esteem and respect with which I have the honor to be, dear Sir, your friend and servant.

P. S. I am in negotiation with de La Blancharie. You shall hear from me when arranged.



TO COLONEL SMITH.

PARIS, November 13, 1787.

DEAR SIR,—I am now to acknowledge the receipt of your favors of October the 4th, 8th, and 26th. In the last, you apologize for your letters of introduction to Americans coming here. It is so far from needing apology on your part, that it calls for thanks on mine. I endeavor to show civilities to all the Americans who come here, and who will give me opportunities of doing it; and it is a matter of comfort to know, from a good quarter, what they are, and how far I may go in my attentions to them.

Can you send me Woodmason's bills for the two copying presses for the Marquis de La Fayette and the Marquis de Chastellux? The latter makes one article in a considerable account, of old standing, and which I cannot present for want of this article. I do not know whether it is to yourself or Mr. Adams, I am to give my thanks for the copy of the new constitution. I beg leave through you to place them where due. It will yet be three weeks before I shall receive them from America. There are very good articles in it, and very bad. I do not know which preponderate. What we have lately read, in the history of Holland, in the chapter on the Stadtholder, would have sufficed to set me against a chief magistrate, eligible for a long duration, if I had ever been disposed towards one; and what we have always read of the elections of Polish Kings should have forever excluded the idea of one continuable for life. Wonderful is the effect of impudent and persevering lying. The British ministry have so long hired their gazetteers to repeat, and model into every form, lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist? Where did it ever exist, except in the single instance of Massachusetts? And can history produce an instance of rebellion so honorably conducted? I say nothing of its motives. They were founded in ignorance, not wickedness. God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is a lethargy, the forerunner of death to the public liberty. We have had thirteen States independent for eleven years. There has been one rebellion. That comes to one rebellion in a century and a half, for each State. What country before, ever existed a century and a half without a rebellion? And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure. Our convention has been too much impressed by the insurrection of Massachusetts; and on the spur of the moment, they are setting up a kite to keep the hen yard in order. I hope in God, this article will be rectified before the new constitution is accepted. You ask me if anything transpires here on the subject of South America? Not a word. I know that there are combustible materials there, and that they wait the torch only. But this country probably will join the extinguishers. The want of facts worth communicating to you, has occasioned me to give a little loose to dissertation. We must be contented to amuse, when we cannot inform.

Present my respects to Mrs. Smith, and be assured of the sincere esteem of, dear Sir, your friend and servant.



TO MR. JAMES MAURY.

PARIS, November 13, 1787.

DEAR SIR,—I received your favor of October 25, the day before yesterday only. It would be needless for me, therefore, to add to what you already know on the subject of peace and war. The principal minister here is so intent on domestic improvements, and on peace, as necessary to give leisure for them, that it will not be his fault, if it be disturbed again. It will be equally unnecessary for me to give you a formal attestation of your being a citizen of the United States. Should any occasion for it arise hereafter, I shall be always ready to certify it. With respect to tobacco, the contract with Mr. Morris and the order of Berni cease with this year. I am obtaining an arrangement for the five years which yet remain of the present lease to the Farmers General, by which they will be obliged to take all the tobacco for which they shall have occasion from America, except about one-fifth northern, which they represent as necessary. They will be obliged to take only such as comes directly from America, without having touched at any European port in French or American bottoms, and to make the purchase in France. It will be particularly watched that they purchase not a single hogshead in England. By this I hope to have completely effected the diverting so much of the tobacco trade as amounts to their own consumption from England to France. I am glad to find, also, by your letter, that this operation will have the effect to raise the price of this commodity at the English market. 24,000 hogsheads of tobacco a year, less at that market than heretofore, must produce some change, and it could not be for the worse. The order to the farmers will name only 14,000 hogsheads a year, but it is certain they must extend it themselves nearly or quite to 24,000, as their consumption is near 30,000. I am endeavoring to bring hither also, directly, the rice of America, consumed in this country. At present they buy it from London. I am of opinion they could consume the whole of what is made in America, especially if the rice States will introduce the culture of the Piedmont and Egyptian rices also, both of which qualities are demanded here in concurrence with that of Carolina. I have procured for them the seed from Egypt and Piedmont. The indulgences given to American whale oil will ensure its coming here directly. In general, I am in hopes to ensure here the transportation of all our commodities which come to this country in American and French bottoms exclusively, which will countervail the effect of the British navigation act on our carrying business. The returns in French instead of English manufactures, will take place by degrees. Supposing that these details cannot but be agreeable to you as a merchant and as an American, I trouble you with them; being with much sincerity, and on all occasions, dear Sir, your friend and servant.



TO MONSIEUR DUMAS.

PARIS, December 9, 1787.

SIR,—Your letter of November 27, showing that mine of November 14, had not then got to hand, had given me alarm for its fate, and I had sat down to write you a second acknowledgment of the receipt of your two favors of October 23 and 26, and to add the receipt, also, of those of November 14, 22 and 27. A copy of my answer of November 14 was prepared to be enclosed to you, but in that moment came your favors of November 30, December 2d and 4th, by which I perceived that the original had at length got safe to hand. By that you have seen all that interference, direct or indirect, on the part of Mr. Adams and myself in the business you had done me the honor to suggest, would be improper. Your despatches for Mr. Jay shall go with mine in the packet of this month. These will bring the matter into the view of Congress. In the meantime I think it would be well to avoid exciting at Brussels or anywhere else the least expectation thereon, because it is impossible for us to know what that body may, in its wisdom and with all circumstances under its eye, decide should be done. They had, in the year 1784, made up their minds as to the system of commercial principles they wished to pursue. These were very free. They proposed them to all the powers of Europe. All declined except Prussia. To this general opposition they may now find it necessary to present a very different general system to which their treaties will form cases of exception, and they may wish to lessen rather than multiply those cases of exception. Add to this, that it is in contemplation to change the organization of the federal government, and they may think it better to leave the system of foreign connection to be formed by those who are to pursue it. I only mention these as possible considerations, without pretending to know the sentiments of that honorable body, or any one of its members on the subject; and to show that no expectations should be raised which might embarrass them or embroil ourselves. The proposed change of government seems to be the proper topic to urge as the reason why Congress may not at this moment choose to be forming new treaties. Should they choose it, on the other hand, the reserve of those who act for them, while uninstructed, cannot do injury.

I find the expectation very general that the present peace will be of short duration. There are circumstances in favor of this opinion, there are others against it. Certain it is that this country is in a state so unprepared as to excite astonishment. After the last war, she seems to have reposed on her laurels, in confidence that no power would venture to disturb that repose.

It is presumable her present ministry will prepare to vindicate their nation and their friends. The late events have kindled a fire, which, though smothered of necessity for the present moment, will probably never be quenched but by signal revenge. Individuals will, in the meantime, have incurred sufferings which that may not repair. That yours may be lessened for the present, and relieved in future, is the sincere wish of him who has the honor to be, with sentiments of great esteem and regard, Sir, your most obedient, and most humble servant.



TO WILLIAM CARMICHAEL.

PARIS, December 11, 1787.

DEAR SIR,—I am later in acknowledging the receipt of your favors of October the 15th, and November the 5th and 15th, because we have been long expecting a packet, which I hoped would bring communications worth detailing to you; and she arrived only a few days ago, after a very long passage indeed. I am very sorry you have not been able to make out the cypher of my letter of September the 25th, because it contained things which I wished you to know at that time. They have lost now a part of their merit; but still, I wish you could decipher them, as there remains a part, which it might yet be agreeable to you to understand. I have examined the cypher from which it was written. It is precisely a copy of those given to Messrs. Barclay and Lambe. In order that you may examine whether yours corresponds, I will now translate into cypher the three first lines of my letter of June the 14th.

[Here follow three lines of cypher numbers.]

This will serve to show whether your cypher corresponds with mine, as well as my manner of using it. But I shall not use it in future, till I know from you the result of your re-examination of it. I have the honor now, to return you the letter you had been so good as to enclose to me. About the same time of Liston's conversation with you, similar ones were held with me by Mr. Eden. He particularly questioned me on the effect of our treaty with France, in the case of a war, and what might be our dispositions. I told him without hesitation, that our treaty obliged us to receive the armed vessels of France, with their prizes, into our ports, and to refuse the admission of prizes made on her by her enemies; that there was a clause by which we guaranteed to France her American possessions, and which might, perhaps, force us into the war, if these were attacked. "Then it will be war," said he, "for they will assuredly be attacked." I added, that our dispositions would be to be neutral, and that I thought it the interest of both those powers that we should be so, because it would relieve both from all anxiety as to the feeding their West India islands, and England would, moreover, avoid a heavy land war on our continent, which would cripple all her proceedings elsewhere. He expected these sentiments from me personally, and he knew them to be analogous to those of our country. We had often before had occasions of knowing each other: his peculiar bitterness towards us had sufficiently appeared, and I had never concealed from him, that I considered the British as our natural enemies, and as the only nation on earth who wished us ill from the bottom of their souls. And I am satisfied, that were our continent to be swallowed up by the ocean, Great Britain would be in a bonfire from one end to the other. Mr. Adams, as you know, has asked his recall. This has been granted, and Colonel Smith is to return too; Congress having determined to put an end to their commission at that court. I suspect and hope they will make no new appointment.

Our new Constitution is powerfully attacked in the American newspapers. The objections are, that its effect would be to form the thirteen States into one; that, proposing to melt all down into one general government, they have fenced the people by no declaration of rights; they have not renounced the power of keeping a standing army; they have not secured the liberty of the press; they have reserved the power of abolishing trials by jury in civil cases; they have proposed that the laws of the federal legislatures shall be paramount to the laws and constitutions of the States; they have abandoned rotation in office; and particularly, their President may be re-elected from four years to four years, for life, so as to render him a King for life, like a King of Poland; and they have not given him either the check or aid of a council. To these they add calculations of expense, etc., etc., to frighten the people. You will perceive that these objections are serious, and some of them not without foundation. The Constitution, however, has been received with a very general enthusiasm, and as far as can be judged from external demonstrations, the bulk of the people are eager to adopt it. In the eastern States the printers will print nothing against it, unless the writer subscribes his name. Massachusetts and Connecticut have called conventions in January, to consider of it. In New York, there is a division. The Governor (Clinton) is known to be hostile to it. Jersey, it is thought, will certainly accept it. Pennsylvania is divided; and all the bitterness of her factions has been kindled anew on it. But the party in favor of it is strongest, both in and out of the legislature. This is the party anciently of Morris, Wilson, etc. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it; yet it is supposed Chase and Paca will oppose it. As to Virginia, two of her Delegates, in the first place, refused to sign it. These were Randolph, the Governor and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees, are against it. General Washington will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar; but though an immensely powerful one, it is questionable whether he can bear the weight of such a host. So that the presumption is, that Virginia will reject it. We know nothing of the dispositions of the States south of this. Should it fall through, as is possible, notwithstanding the enthusiasm with which it was received in the first moment, it is probable that Congress will propose, that the objections which the people shall make to it being once known, another convention shall be assembled, to adopt the improvements generally acceptable, and omit those found disagreeable. In this way, union may be produced under a happy constitution, and one which shall not be too energetic, as are the constitutions of Europe. I give you these details, because, possibly, you may not have received them all. The sale of our western lands is immensely successful. Five millions of acres have been sold at private sale, for a dollar an acre, in certificates, and at the public sales, some of them had sold as high as two dollars and forty cents the acre. The sales had not been begun two months. By these means, taxes, etc., our domestic debt, originally twenty-eight millions of dollars, was reduced, by the 1st day of last October, to twelve millions, and they were then in treaty for two millions of acres more, at a dollar, private sale. Our domestic debt will thus be soon paid off, and that done, the sales will go on for money, at a cheaper rate, no doubt, for the payment of our foreign debt. The petite guerre always waged by the Indians, seems not to abate the ardor of purchase or emigration. Kentucky is now counted at sixty thousand. Frankland is also growing fast.

I have been told, that the cutting through the Isthmus of Panama, which the world has so often wished, and supposed practicable, has at times been thought of by the government of Spain, and that they once proceeded so far, as to have a survey and examination made of the ground; but that the result was, either impracticability or too great difficulty. Probably the Count de Campomanes, or Don Ulloa, can give you information on this head. I should be exceedingly pleased to get as minute details as possible on it, and even copies of the survey, report, etc., if they could be obtained at a moderate expense. I take the liberty of asking your assistance in this.

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



TO JOHN ADAMS.

PARIS, December 12, 1787.

DEAR SIR,—In the month of July, I received from Fiseaux & Co. of Amsterdam, a letter notifying me that the principal of their loan to the United States would become due the first day of January. I answered them, that I had neither powers nor information on the subject, but would transmit their letter to the board of treasury. I did so, by the packet which sailed from Havre, August the 10th. The earliest answer possible, would have been by the packet which arrived at Havre three or four days ago. But by her I do not receive the scrip of a pen from anybody. This makes me suppose, that my letters are committed to Paul Jones, who was to sail a week after the departure of the packet; and that possibly, he may be the bearer of orders from the treasury, to repay Fiseaux's loan with the money you borrowed But it is also possible, he may bring no order on the subject. The slowness with which measures are adopted on our side the water, does not permit us to count on punctual answers; but, on the contrary, renders it necessary for us to suppose, in the present case, that no orders will arrive in time, and to consider whether anything, and what, should be done? As it may be found expedient to transfer all our foreign debts to Holland, by borrowing there, and as it may always be prudent to preserve a good credit in that country, because we may be forced into wars, whether we will or not, I should suppose it very imprudent to suffer our credit to be annihilated, for so small a sum as fifty-one thousand guilders. The injury will be greater, too, in proportion to the smallness of the sum; for they will ask, "How can a people be trusted for large sums, who break their faith for such small ones?" You know best what effect it will have on the minds of the money lenders of that country, should we fail in this payment. You know best, also, whether it is practicable and prudent for us, to have this debt paid without orders. I refer the matter, therefore, wholly to your consideration, willing to participate with you in any risk and any responsibility which may arise. I think it one of those cases, where it is a duty to risk one's self. You will perceive, by the enclosed, the necessity of an immediate answer, and that, if you think anything can and should be done, all the necessary authorities from you should accompany your letter. In the meantime, should I receive any orders from the treasury by Paul Jones, I will pursue them, and consider whatever you shall have proposed or done, as non avenue.

I am, with much affection, dear sir, your most obedient, and most humble servant.



TO JAMES MADISON.

PARIS, December 20, 1787.

DEAR SIR,—My last to you was of October the 8th, by the Count de Moustier. Yours of July the 18th, September the 6th and October the 24th, were successively received, yesterday, the day before, and three or four days before that. I have only had time to read the letters; the printed papers communicated with them, however interesting, being obliged to lie over till I finish my despatches for the packet, which despatches must go from hence the day after to-morrow. I have much to thank you for; first and most for the cyphered paragraph respecting myself. These little informations are very material towards forming my own decisions. I would be glad even to know, when any individual member thinks I have gone wrong in any instance. If I know myself, it would not excite ill blood in me, while it would assist to guide my conduct, perhaps to justify it, and to keep me to my duty, alert. I must thank you, too, for the information in Thomas Burke's case; though you will have found by a subsequent letter, that I have asked of you a further investigation of that matter. It is to gratify the lady who is at the head of the convent wherein my daughters are, and who, by her attachment and attention to them, lays me under great obligations. I shall hope, therefore, still to receive from you the result of all the further inquiries my second letter had asked. The parcel of rice which you informed me had miscarried, accompanied my letter to the Delegates of South Carolina. Mr. Bourgoin was to be the bearer of both, and both were delivered together into the hands of his relation here, who introduced him to me, and who, at a subsequent moment, undertook to convey them to Mr. Bourgoin. This person was an engraver, particularly recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little parcel of rice among his baggage. I am much pleased that the sale of western lands is so successful. I hope they will absorb all the certificates of our domestic debt speedily, in the first place, and that then, offered for cash, they will do the same by our foreign ones.

The season admitting only of operations in the cabinet, and these being in a great measure secret, I have little to fill a letter. I will, therefore, make up the deficiency, by adding a few words on the Constitution proposed by our convention.

I like much the general idea of framing a government, which should go on of itself, peaceably, without needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judiciary and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater House being chosen by the people directly. For though I think a House so chosen, will be very far inferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, etc., yet this evil does not weigh against the good, of preserving inviolate the fundamental principle, that the people are not to be taxed but by representatives chosen immediately by themselves. I am captivated by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportional influence. I am much pleased, too, with the substitution of the method of voting by person, instead of that of voting by States; and I like the negative given to the Executive, conjointly with a third of either House; though I should have liked it better, had the judiciary been associated for that purpose, or invested separately with a similar power. There are other good things of less moment. I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr. Wilson does, that a bill of rights was not necessary, because all is reserved in the case of the general government which is not given, while in the particular ones, all is given which is not reserved, might do for the audience to which it was addressed; but it is surely a gratis dictum, the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the cause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious as to dispense with this mode of trial in certain cases, therefore, the more prudent States shall be reduced to the same level of calamity. It would have been much more just and wise to have concluded the other way, that as most of the States had preserved with jealousy this sacred palladium of liberty, those who had wandered, should be brought back to it; and to have established general right rather than general wrong. For I consider all the ill as established, which may be established. I have a right to nothing, which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.

The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of the President. Reason and experience tell us, that the first magistrate will always be reelected if he may be re-elected. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe, than ever the election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say if they do not give foundation for my fears; the Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said, that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The King of Poland is removable every day by the diet. But they never remove him. Nor would Russia, the Emperor, etc., permit them to do it. Smaller objections are, the appeals on matters of fact as well as laws; and the binding all persons, legislative, executive, and judiciary by oath, to maintain that constitution. I do not pretend to decide, what would be the best method of procuring the establishment of the manifold good things in this constitution, and of getting rid of the bad. Whether by adopting it, in hopes of future amendment; or after it shall have been duly weighed and canvassed by the people, after seeing the parts they generally dislike, and those they generally approve, to say to them, "We see now what you wish. You are willing to give to your federal government such and such powers; but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pass the parts of the Constitution you have approved. These will give powers to your federal government sufficient for your happiness."

This is what might be said, and would probably produce a speedy, more perfect and more permanent form of government. At all events, I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the commonwealth. I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing everything which the wisdom of man could offer on these subjects. I own, I am not a friend to a very energetic government. It is always oppressive. It places the governors indeed more at their ease, at the expense of the people. The late rebellion in Massachusetts has given more alarm, than I think it should have done. Calculate that one rebellion in thirteen States in the course of eleven years, is but one for each State in a century and a half. No country should be so long without one. Nor will any degree of power in the hands of government, prevent insurrections. In England, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, where it is still heavier, but less despotic, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater numbers were engaged than in Massachusetts, and a great deal more blood was spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depredations of their insurgents, with the order, the moderation and the almost self-extinguishment of ours. And say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain, and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous; and I think we shall be so, as long as agriculture is our principal object, which will be the case, while there remains vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there. I have tired you by this time with disquisitions which you have already heard repeated by others a thousand and a thousand times; and therefore, shall only add assurances of the esteem and attachment with which I have the honor to be, dear Sir, your affectionate friend and servant.

P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our constitutions, that there shall always be a twelvemonth between the engrossing a bill and passing it; that it should then be offered to its passage without changing a word; and that if circumstances should be thought to require a speedier passage, it should take two-thirds of both Houses, instead of a bare majority.



TO E. CARRINGTON.

PARIS, Dec. 21, 1787.

DEAR SIR,—I have just received your two favors of October the 23d and November the 10th. I am much obliged to you for your hints in the Danish business. They are the only information I have on that subject, except the resolution of Congress, and warn me of a rock on which I should most certainly have split. The vote plainly points out an agent, only leaving it to my discretion to substitute another. My judgment concurs with that of Congress as to his fitness. But I shall inquire for the surest banker at Copenhagen to receive the money, not because I should have had any doubts, but because I am informed others have them. Against the failure of a banker, were such an accident, or any similar one to happen, I cannot be held accountable in a case where I act without particular interest. My principal idea in proposing the transfer of the French debt, was, to obtain on the new loans a much longer day for the reimbursement of the principal, hoping that the resources of the United States could have been equal to the article of interest alone. But I shall endeavor to quiet, as well as I can, those interested. A part of them will probably sell out at any rate; and one great claimant may be expected to make a bitter attack on our honor. I am very much pleased to hear, that our western lands sell so successfully. I turn to this precious resource, as that which will, in every event, liberate us from our domestic debt, and perhaps too, from our foreign one; and this, much sooner than I had expected. I do not think any thing could have been done with them in Europe. Individual speculators and sharpers had duped so many with their unlocated land-warrants, that every offer would have been suspected.

As to the new Constitution, I find myself nearly a neutral. There is a great mass of good in it, in a very desirable form; but there is also, to me, a bitter pill or two. I have written somewhat lengthily to Mr. Madison on this subject, and will take the liberty to refer you to that part of my letter to him. I will add one question to what I have said there. Would it not have been better to assign to Congress exclusively the article of imposts for federal purposes, and to have left direct taxation exclusively to the States? I should suppose the former fund sufficient for all probable events, aided by the land office.

The form which the affairs of Europe may assume, is not yet decipherable by those out of the cabinet. The Emperor gives himself, at present, the air of a mediator. This is necessary to justify a breach with the Porte. He has his eye at the same time on Germany, and particularly on Bavaria, the Elector of which has, for a long time, been hanging over the grave. Probably, France would now consent to the exchange of the Austrian Netherlands, to be created into a kingdom for the Duke de Deuxports, against the electorate of Bavaria. This will require a war. The Empress longs for Turkey, and viewing France as her principal obstacle, would gladly negotiate her acquiescence. To spur on this, she is coquetting it with England. The King of Prussia, too, is playing a double game between France and England. But I suppose the former incapable of forgiving him, or of ever reposing confidence in him. Perhaps the spring may unfold to us the final arrangement which will take place among the powers of this continent.

I often doubt whether I should trouble Congress or my friends with these details of European politics. I know they do not excite that interest in America, of which it is impossible for one to divest himself here. I know, too, that it is a maxim with us, and I think it a wise one, not to entangle ourselves with the affairs of Europe. Still, I think, we should know them. The Turks have practiced the same maxim of not meddling in the complicated wrangles of this continent. But they have unwisely chosen to be ignorant of them also, and it is this total ignorance of Europe, its combinations and its movements, which exposes them to that annihilation possibly about taking place. While there are powers in Europe which fear our views, or have views on us, we should keep an eye on them, their connections and oppositions, that in a moment of need, we may avail ourselves of their weakness with respect to others as well as ourselves, and calculate their designs and movements, on all the circumstances under which they exist. Though I am persuaded, therefore, that these details are read by many with great indifference, yet I think it my duty to enter into them, and to run the risk of giving too much, rather than too little information. I have the honor to be, with perfect esteem and respect, dear Sir, your most obedient and most humble servant.

P. S. The resolution of Congress, relative to the prize money received here, speaks of that money as paid to me. I hope this matter is properly understood. The treasury board desired me to receive it, and apply it to such and such federal purposes; and they would pay the dividends of the claimants in America. This would save the expense of remittance. I declined, however, receiving the money, and ordered it into the hands of their banker, who paid it away for the purposes to which they had destined it. I should be sorry, an idea should get abroad, that I had received the money of these poor fellows, and applied it to other purposes. I shall, in like manner, order the Danish and Barbary money into the hands of bankers, carefully avoiding ever to touch a sou of it, or having any other account to make out than what the banker will furnish.



TO THE HON. JOHN JAY.

PARIS, Dec. 21, 1787.

SIR,—The last letters I had the honor of addressing you were of the 3d and 7th of November. Your several favors, to wit, two of July 27, two of Oct. 24, and one of Nov. 3, have all been delivered within the course of a week past; and I embrace the earliest occasion of returning to Congress my sincere thanks for the new proofs I receive therein of their confidence in me, and of assuring them of my best endeavors to merit it. The several matters on which I receive instruction shall all be duly attended to. The Commissioners of the Treasury inform me they will settle the balance appropriated to the Barbary business, apprise me of it, and place it under my power. The moment this is done, I will take the measures necessary to effect the instructions of Congress. The letter to you from the Governor of Rhode Island desires my attention to the application of the claimants of the brig Apollonia, which shall surely be complied with. I trust that an application will be made by the claimants. It will be the more important, as the letter in this case, as in that of the sloop Sally, formerly recommended to me, is directed to an advocate whom all my endeavors have not enabled me to find. I fear, therefore, that the papers in both cases must remain in my hands till called for by the person whom the parties shall employ for the ordinary solicitation and management of their appeals. I suppose they will engage some person to answer from time to time the pecuniary demands of lawyers, clerks, and other officers of the courts, to wait upon the judges and explain their cases to them, which is the usage here, to instruct their lawyers and confer with them whenever necessary, and in general to give all those attentions which the solicitation of private causes constantly require here. Their management, indeed, is very much a matter of intrigue and of money.

The public affairs of Europe are quiet at present, except as between the Turks and Russians; and, even these, some people suppose may be quieted. It is thought that Russia would accommodate easily. The peace between France and England is very generally considered as insecure. It is said the latter is not honestly disarming; she is certainly augmenting her land forces, and the speech of the King, and debates of the court members, prove their diffidence in the late accommodation. Yet it is believed their premier is a friend to peace, and there can be no doubt of the same dispositions in the chief minister here. The divisions continue between the King and his parliament. A promise has been obtained for convoking the States General, as early as 1791, at farthest. The embarrassments in the department of finance are not yet so cleared up as that the public can see their way through them. The arrival of the Count de La Luzerne, just now announced, will probably put their marine operations into new activity.

I have the honor to enclose you three letters from Mr. Dumas. By one of the 23d of October, he proposed to me that Mr. Adams and myself should authorize him to go to Brussels on the subject he explains to you. I wrote him the answer of Nov. 14th, by which I expected he would see that nothing could be done, and think no more of it. His subsequent letters, however, giving me reason to apprehend that, making too sure of the expediency of the treaty he proposed, he might excite expectations from that government, I wrote him the letter of Dec. 9 to suggest to him that this proposition might not be so certainly eligible as he seemed to expect, and to advise him to avoid doing anything which might commit or embarrass Congress. The uneasiness of his present situation, and the desire of a refuge from it, had probably suggested to him this idea, and occasioned him to view it with partiality.

This will be accompanied with the gazettes of France and Leyden. There being no passenger to go by the packet, within my knowledge, this letter will go through the post-office. I shall, therefore, only add assurances of the esteem and respect with which I have the honor to be, Sir, your most obedient, and most humble servant.



TO MONSIEUR LIMOZIN.

PARIS, December 22, 1787.

SIR,—I have the honor now, to acknowledge the receipt of your favors of the 18th and 19th of November, and two of the 18th of the present month. I did not write to you immediately on the receipt of the two first, because the observations they contained were to be acted on here. I was much obliged to you for them, as I have been frequently before for others, and you will find that I have profited by them in the Arret which is to come out for the regulation of our commerce, wherein most of the things are provided for, which you have from time to time recommended. With respect to the article of yellow wax, I think there is a general clause in the Arret, which will take it in; but I am not sure of it. If there be not, it is now too late to get any alteration made. You shall receive the Arret the moment it is communicated to me.

I have examined the case of Captain Thomas, with all the dispositions possible to interpose for him. But on mature reflection, I find it is one of those cases wherein my solicitation would be ill received. The government of France, to secure to its subjects the carrying trade between her colonies and the mother country, have made a law, forbidding any foreign vessels to undertake to carry between them. Notwithstanding this, an American vessel has undertaken, and has brought a cargo. For me to ask that this vessel shall be received, would be to ask a repeal of the law, because there is no more reason for receiving her, than there will be for receiving the second, third, etc., which shall act against the same law, nor for receiving an American vessel, more than the vessels of any other nations. Captain Thomas has probably engaged in this business, not knowing the law; but ignorance of the law is no excuse, in any country. If it were, the laws would lose their effect, because it can be always pretended. Were I to make this application to the Comptroller General, he might possibly ask me, whether, in a like case, of a French vessel in America acting through ignorance, against law, we would suspend the law as to her? I should be obliged honestly to answer, that with us, there is no power which can suspend the law for a moment; and Captain Thomas knows that this answer would be the truth. The Senegal company seems to be as much engaged in it as he is. I should suppose his most probable means of extrication would be with their assistance, and availing himself of their privileges, and the apparent authority he has received from the officers of government there. I am sorry his case is such a one as I cannot present to the minister. A jealousy of our taking away their carrying trade, is the principal reason which obstructs our admission into their West India islands. It would not be right for me to strengthen that jealousy.

I have the honor to be, with much esteem, Sir, your most obedient humble servant.



TO THE BOARD OF TREASURY.

PARIS, Dec. 30, 1787.

GENTLEMEN,—In my letter of Aug. 5, I had the honor of enclosing to you a letter written me by Messrs. Fiseaux & Co., reminding us that the principal of the loan of 51,000 florins obtained by them, would become due on the first day of the ensuing year. A few days ago, I received another from them calling for the money. At first I was disposed to answer them that I was in nowise authorized to do anything in it, and that it rested with you altogether. But, on consulting with some persons better acquainted with the delicacy of credit in Holland, I found there was reason to fear that a failure to pay that money might not only do essential injury to our credit in general, but even hinder the progress of the loan going on in the hands of Willincks and Van Staphorsts; and that it would be for the interest of that loan itself, to pay this demand out of it, if possible. I wrote, therefore, to Mr. Adams, to consult him about it, and to know, if he was of the same opinion, whether he would venture to join me in directing such an application of the money. I wrote at the same to Willincks and Van Staphorsts, to know whether they could have as much in their hands to spare, and whether they would venture to pay it on our order. Mr. Adams approved of the proposition, and was willing to join in ordering the payment. Willincks and Van Staphorsts answered that they had in their hands money enough to pay the February interest of the former loan, and to answer, for some time yet, Mr. Adams' and my draughts for our subsistence; but that if they should pay the principal of Fiseaux's loan, it would be an advance of their own: they likewise observed, that to pay such a sum without your orders, placed them under an unnecessary responsibility. Upon this, I concluded to ask them only to pay this year's interest, now becoming due, to desire Fiseaux to receive this, and with it to endeavor to quiet the creditors till your orders could be received. I have this day written to Fiseaux, and to Willincks and Van Staphorsts to this purpose, and avail myself of a vessel about to sail from Havre, to communicate the whole transaction to you, and to express my wish that you will be pleased to give an answer to Fiseaux. I enclose to you his letters to me on the subject. From what I can learn, I suspect that if there were a cordial understanding between the Willincks and Van Staphorsts, if the former had been as well disposed as the latter, the matter would have been settled with Fiseaux. I have the honor to be, with much respect, Gentlemen, your most obedient, and most humble servant.



TO JOHN JAY.

PARIS, December 31, 1787.

SIR,—Since the receipt of the letter of Monsieur de Calonnes, of October the 22d, 1786, I have several times had the honor of mentioning to you, that I was endeavoring to get the substance of that letter reduced into an Arret, which, instead of being revocable by a single letter of a Comptroller General, would require an Arret to repeal or alter it, and of course must be discussed in full Council, and so give time to prevent it. This has been pressed as much as it could be with prudence. One cause of delay has been the frequent changes of the Comptroller General; as we had always our whole work to begin again with every new one. Monsieur Lambert's continuance in office for some months, has enabled us, at length, to get through the business; and I have just received from him a letter, and the Arret duly authenticated; of which I have the honor to send you a number of printed copies. You will find that the several alterations and additions are made, which, on my visit to the sea-ports, I had found to be necessary, and which my letters of June the 21st and August the 6th, particularly mentioned to you. Besides these, we have obtained some new articles of value, for which openings arose in the course of the negotiation. I say we have done it, because the Marquis de La Fayette has gone hand in hand with me through this business, and has been a most invaluable aid. I take the liberty of making some observations on the articles of the Arret, severally, for their explanation, as well as for the information of Congress.

Article 1. In the course of our conferences with the Comptroller General, we had prevailed on him to pass this article with a suppression of all duty. When he reported the Arret, however, to the Council, this suppression was objected to, and it was insisted to re-establish the duties of seven livres and ten sous, and of ten sous the livre, reserved in the letter of M. de Calonnes. The passage of the Arret was stopped, and the difficulty communicated to me. I urged everything I could, in letters and in conferences, to convince them that whale oil was an article which could bear no duty at all. That if the duty fell on the consumer, he would choose to buy vegetable oils; if on the fisherman, he could no longer live by his calling, remaining in his own country; and that if he quitted his own country, the circumstances of vicinity, sameness of language, laws, religion and manners, and perhaps the ties of kindred, would draw him to Nova Scotia, in spite of every encouragement which could be given at Dunkirk; and that thus those fishermen would be shifted out of a scale friendly to France, into one always hostile. Nothing, however, could prevail. It hung on this article alone, for two months, during which we risked the total loss of the Arret, on the stability in office of Monsieur Lambert; for if he had gone out, his successor might be less favorable; and if Monsieur Neckar were the successor, we might lose the whole, as he never set any store by us, or the connection with us. About ten days ago, it became universally believed that Monsieur Lambert was to go out immediately. I, therefore, declined further insisting on the total suppression, and desired the Arret might pass, leaving the duties on whale oil as Monsieur de Calonnes had promised them; but with a reservation, which may countenance our bringing on this matter again, at a more favorable moment.

Article 2. The other fish oils are placed in a separate article; because whatever encouragements we may hereafter obtain for whale oils, they will not be extended to those which their own fisheries produce.

Article 3. A company had silently, and by unfair means, obtained a monopoly for the making and selling spermaceti candles: as soon as we discovered it, we solicited its suppression, which is effected by this clause.

Article 4. The duty of an eighth per cent. is merely to oblige the masters of vessels to enter their cargoes, for the information of government; without inducing them to attempt to smuggle.

Article 6. Tar, pitch and turpentine of America, coming in competition with the same articles produced in the south-western parts of France, we could obtain no greater reduction, than two and a-half per cent. The duties before, were from four to six times that amount.

Article 10. The right of entrepot given by this article, is almost the same thing, as the making all their ports, free ports for us. The ships are, indeed, subject to be visited, and the cargoes must be reported in ports of entrepot, which need not be done in the free ports. But the communication between the entrepot and the country, is not interrupted by continual search of all persons passing into the country, which has proved so troublesome to the inhabitants of our free ports, as that a considerable proportion of them have wished to give back the privilege of their freedom.

Article 13. This article gives us the privileges and advantages of native subjects, in all their possessions in Asia, and in the scales leading thereto. This expression means at present the isles of France and Bourbon, and will include the Cape of Good Hope, should any future event put it into the hands of France. It was with a view to this, that I proposed the expression, because we were then in hourly expectation of a war, and it was suspected that France would take possession of that place. It will, in no case, be considered as including anything westward of the Cape of Good Hope. I must observe further, on this article, that it will only become valuable on the suppression of their East India Company; because, as long as their monopoly continues, even native subjects cannot enter their Asiatic ports for the purposes of commerce. It is considered, however, as certain, that this Company will be immediately suppressed.

The article of tobacco could not be introduced into the Arret; because it was necessary to consider the Farmers General as parties to that arrangement. It rests, therefore, of necessity, on the basis of a letter only. You will perceive that this is nothing more than a continuation of the order of Berni, only leaving the prices unfixed; and like that, it will require a constant and vexatious attention to have its execution enforced.

The States who have much to carry, and few carriers, will observe, perhaps, that the benefits of these regulations are somewhat narrowed by confining them to articles brought hither in French or American bottoms. But they will consider that nothing in these instruments moves from us. The advantages they hold out are all given by this country to us, and the givers will modify their gifts as they please. I suppose it to be a determined principle of this court not to suffer our carrying business, so far as their consumption of our commodities extends, to become a nursery for British seamen. Nor would this, perhaps, be advantageous to us, considering the dispositions of the two nations towards us. The preference which our shipping will obtain on this account, may counterpoise the discouragements it experiences from the aggravated dangers of the Barbary States. Nor is the idea unpleasing which shows itself in various parts of these papers, of naturalizing American bottoms, and American citizens in France and in its foreign possessions. Once established here, and in their eastern settlements, they may revolt less at the proposition to extend it to those westward. They are not yet, however, at that point; we must be contented to go towards it a step at a time, and trust to future events for hastening our progress.

With respect to the alliance between this and the two imperial courts, nothing certain transpires. We are enabled to conjecture its progress only from facts which now and then show themselves. The following may be considered as indications of it. 1. The Emperor has made an attempt to surprise Belgrade. The attempt failed, but will serve to plunge him into the war, and to show that he had assumed the character of mediator, only to enable himself to gain some advantage by surprise. 2. The mediation of France is probably at an end, and their abandonment of the Turks agreed on; because they have secretly ordered their officers to quit the Turkish service. This fact is known to but few, and not intended to be known; but I think it certain. 3. To the offer of mediation lately made by England and Prussia, the court of Petersburg answered, that having declined the mediation of a friendly power, (France,) she could not accept that of two courts, with whose dispositions she had reason to be dissatisfied. 4. The States General are said to have instructed their Ambassador here, lately, to ask of M. de Montmorin, whether the inquiry had been made, which they had formerly desired: "By what authority the French engineers had been placed in the service of Holland?" And that he answered that the inquiry had not been made, nor should be made. Though I do not consider the channel through which I get this fact, as absolutely sure, yet it is so respectable that I give credit to it myself. 5. The King of Prussia is withdrawing his troops from Holland. Should this alliance show itself, it would seem that France thus strengthened might dictate the re-establishment of the affairs of Holland in her own form. For it is not conceivable that Prussia would dare to move, nor that England would alone undertake such a war, and for such a purpose. She appears, indeed, triumphant at present, but the question is who will triumph last?

I enclose you a letter from Mr. Dumas. I received one from him myself, wherein he assures me that no difficulties shall be produced, by what he had suggested relative to his mission to Brussels. The gazettes of France and Leyden to this date accompany this letter, which, with the several papers put under your cover, I shall send to M. Limozin, our agent at Havre, to be forwarded by the Juno, Captain Jenkins, which sails from that port for New York, on the 3d of January.

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



TO MONSIEUR LAMBERT.

PARIS, January 3, 1788.

SIR,—I am honored with your Excellency's letter of the 29th of December, enclosing the Arret on the commerce between France and the United States. I availed myself of the occasion of a vessel sailing this day from Havre for New York, to forward it to Congress. They will receive with singular satisfaction this new testimony of his Majesty's friendship for the United States, of his dispositions to promote their interest, and to strengthen the bands which connect the two nations.

Permit me, Sir, to return you, personally, my sincere thanks for the great attention you have paid to this subject, for the sacrifices you have kindly made, of time so precious as yours, every moment of which is demanded and is occupied by objects interesting to the happiness of millions; and to proffer you the homage of those sincere sentiments of attachment and respect with which I have the honor to be, your Excellency's most obedient, and most humble servant.



TO MONSIEUR DE QUESNAY.

PARIS, January 6, 1788.

SIR,—I have never expressed an objection to the part of your plan relative to the theatre. The utility of this in America is a great question on which I may be allowed to have an opinion; but it is not for me to decide on it, nor to object to the proposal of establishing one at Richmond. The only objection to your plan which I have ever made, is that contained in my letter to you. I feared it was too extensive for the poverty of the country. You remove the objection by observing, it is to extend to several States. Whether professors itinerant from one State to another may succeed, I am unable to say, having never known an experiment of it. The fear that these professors may be disappointed in their expectations, has determined me not to meddle in the business at all. Knowing how much people going to America overrate the resources of living there, I have made a point never to encourage any person to go there, that I may not partake of the censure which may follow their disappointment. I beg you, therefore, not to alter your plan in any part of it on my account, but permit me to pursue mine of being absolutely neutral. Monsieur de La Luzerne and the Marquis de La Fayette, know too much of the country themselves to need any information from me, or any reference to my opinion; and the friendly dispositions which they have towards you, will insure you their good offices. Convinced of the honesty of your intentions and of your zeal, I wish you every possible success, and shall be really happy to see your plan answer your expectations. You have more courage than I have, to take upon yourself the risk of transplanting and contenting so many persons. I beg you to be assured of the sincerity of the esteem with which I have the honor to be, Sir, your most obedient, and most humble servant.



TO MR. DRAYTON.

PARIS, January 13, 1788.

SIR,—By Captain Shewell, who is sailing about this time from Marseilles to Charleston, I directed to be forwarded to you one of two couffes of rough rice, which I had brought from Egypt. The other came on to me here, and will be carried from Havre to New York, addressed to you, to the care of the Delegates of South Carolina in Congress. I wish both may arrive in time for the approaching seed time, and that the trials with this and the Piedmont rice may furnish new advantages to your agriculture. I have considerable hopes of receiving some dry rice from Cochin-China, the young Prince of that country, lately gone from hence, having undertaken that it shall come to me. But it will be some time first. These are all but experiments; the precept, however, is wise which directs us to try all things, and hold fast that which is good.

Your letter of May the 22d, 1787, informs me that mine of May the 6th, 1786, had never got to hand. I now have the honor to enclose you a copy of it, of no other consequence than to show you that I was incapable of so insensible an inattention as the miscarriage of that letter exposed me to the charge of in your mind. I shall take opportunities of forwarding to you more of the seed of the Spanish Saintfoine, some of which I have received directly from Malta. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.



TO LE COMTE BERNSTORFF, MINISTER OF FOREIGN AFFAIRS, COPENHAGEN.

PARIS, January 21, 1788.

SIR,—I am instructed by the United States of America, in Congress assembled, to bring again under the consideration of his Majesty, the King of Denmark, and of his ministers, the case of the three prizes taken from the English during the late war, by an American squadron under the command of Commodore Paul Jones, put into Bergen in distress, there rescued from our possession by orders from the court of Denmark, and delivered back to the English. Dr. Franklin, then Minister Plenipotentiary from the United States at the court of Versailles, had the honor of making applications to the court of Denmark, for a just indemnification to the persons interested, and particularly by a letter of the 22d of December, 1779, a copy of which I have now the honor of enclosing to your Excellency. In consequence of this, a sum of ten thousand pounds was proposed to him, as an indemnification, through the Baron de Waltersdorff, then at Paris. The departure of both those gentlemen from this place, soon after, occasioned an intermission in the correspondence on this subject. But the United States continue to be very sensibly affected by this delivery of their prizes to Great Britain, and the more so, as no part of their conduct had forfeited their claim to those rights of hospitality which civilized nations extend to each other. Not only a sense of justice due to the individuals interested in those prizes, but also an earnest desire that no subject of discontent may check the cultivation and progress of that friendship which they wish may subsist and increase between the two countries, prompt them to remind his Majesty of the transaction in question; and they flatter themselves that his Majesty will concur with them in thinking, that as restitution of the prizes is not practicable, it is reasonable and just that he should render, and that they should accept, a compensation equivalent to the value of them. And the same principles of justice towards the parties, and of amity to the United States, which influenced the breast of his Majesty to make, through the Baron de Waltersdorff, the proposition of a particular sum, will surely lead him to restore their full value, if that were greater, as is believed, than the sum proposed. In order to obtain, therefore, a final arrangement of this demand, Congress have authorized me to depute a special agent to Copenhagen, to attend the pleasure of his Majesty. No agent could be so adequate to this business, as the Commodore Paul Jones, who commanded the squadron which took the prizes. He will, therefore, have the honor of delivering this letter to your Excellency, in person; of giving such information as may be material, relative to the whole transaction; of entering into conferences for its final adjustment, and, being himself principally interested, not only in his own right, but as the natural patron of those who fought under him, whatever shall be satisfactory to him, will have a great right to that ultimate approbation, which Congress have been pleased to confide to me.

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