THE WRITINGS OF THOMAS JEFFERSON Definitive Edition CONTAINING HIS AUTOBIOGRAPHY, NOTES ON VIRGINIA, PARLIAMENTARY MANUAL, OFFICIAL PAPERS, MESSAGES AND ADDRESSES, AND OTHER WRITINGS, OFFICIAL AND PRIVATE, NOW COLLECTED AND PUBLISHED IN THEIR ENTIRETY FOR THE FIRST TIME INCLUDING ALL OF THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE AND PUBLISHED IN 1853 BY ORDER OF THE JOINT COMMITTEE OF CONGRESS WITH NUMEROUS ILLUSTRATIONS AND A COMPREHENSIVE ANALYTICAL INDEX ALBERT ELLERY BERGH EDITOR VOL. VII. ISSUED UNDER THE AUSPICE OF THE THOMAS JEFFERSON MEMORIAL ASSOCIATION OF THE UNITED STATES WASHINGTON, D. C. 1907 COPYRIGHT, 1905, BY THE THOMAS JEFFERSON MEMORIAL ASSOCIATION JEFFERSON'S SERVICE TO CIVILIZATION DURING THE FOUNDING OF THE REPUBLIC.(1) At the present time; when we are preparing to celebrate the centennial anniversary of the peaceable acquisition of the Louisiana territory, the splendid service to the nation rendered by Thomas Jefferson as President of the Republic is rightly commanding the attention of thoughtful patriots; for the peaceable acquisition of this vast domain was rendered possible largely through his foresight and broadvisioned statesmanship. He did not create the opportunity, but he so prepared for the contingency that when the opportunity arose the representatives of the Republic were on the spot to act with the courage and despatch necessary. And this service to the United States was but one of many noble achievements that marked his eight years as Chief Executive. Yet, important as was his work in the Presidential chair, it is overshadowed by his inestimable service to civilization prior to and during the establishing of the Republic. Thomas Jefferson possessed in a larger degree than any other leading constructive statesman in active (1) Originally published in The Arena of May, 1903. ii Jefferson's Service to Civilization political life during the foundation period of our Republic the ideals and aspirations of the noblest thinkers and most devoted friends of free government of the present time. He more than any other President of the last century stood for the four cardinal. and essential demands of a civilization dominated by the genius of justice, progress, and fraternity: (1) equal rights for all and special privileges for none; (2) liberty of conscience, freedom of speech, and a free press; (3) peace and amity between men and nations; (4) universal education. Moreover, he more than any leading New World statesman of a hundred years ago embodied the noblest concept of the spirit of democracy that up to his day had appeared above the horizon of civilization. Thomas Jefferson was born in Albemarle County, Virginia, April 2, 1743· From his fifth year until he was sixteen he enjoyed the instruction of the ablest tutors in the vicinity of his home. When sixteen years of age he entered William and Mary College, at Williamsburg, and two years later was graduated from that institution. Though only eighteen years of age, he was remarkably proficient in Greek, Latin, and French, in higher mathematics, natural science, and history, and was thoroughly conversant with the masterpieces of literature, ancient and modern. Determining on law as a profession, he entered the office of George Wythe, one of the ablest and most high-minded attorneys and jurists of the time. It is an interesting fact that this profound legal scholar iii During Founding of the Republic prepared three young men for the bar who were destined to rank among the most illustrious public servants of the Republic -- Thomas Jefferson, Chief Justice Marshall, and Henry Clay. In the early days it was no difficult task to obtain admittance to the Virginia bar. Patrick Henry, with no special previous training, passed muster after only six weeks' study. But Jefferson was born with the instincts of a true scholar. No superficial knowledge or half-way recognition of facts satisfied him. He must sound the depths and seek the fountain-head for a thorough knowledge of the origin of statutes. For five years Jefferson studied law-studied it exhaustively, after the manner of a scientific student who is not content until he has traced laws to their origin and has become conversant with the conditions obtaining when great rulings were made or precedents established . In 1768 Jefferson was elected to represent Albemarle County in the Virginia House of Burgesses, a position to which he was chosen at every successive election until the House was closed by the Revolution. His legislative experience during the first session was very brief; for three days after the formal opening of the House the members of the legislature, in response to an appeal from Massachusetts to resist by all constitutional means the attempt of England to collect duties on certain articles of import, passed resolutions declaring iv Jefferson's Service to Civilization against taxation without representation, affirming the right of the colonies to confer and co-operate in efforts to redress their grievances, and denouncing as "an inexpressible complexity of wrong"' the act providing that accused persons should be sent from their country for trial. For the passing of this outspoken act the royal governor dissolved the House, whereupon the legislators repaired to the historic Raleigh Tavern, at Williamsbur g, and resolved to buy no more English goods that could possibly be dispensed with, and to urge their countryme n to do the same. Among the eighty-eig ht members who signed this compact were Thomas Jefferson, George Washington , Patrick Henry, George Mason, and Richard Henry Lee. Rapidly and darkly grew the clouds that threatened war. The excitement over the investigati on being conducted by the authorities for the Crown over the burning of the "Gaspee" in the waters of Rhode Island had reached fever heat in March, 1773, when a company of as rare souls as ever risked life in defense of a principle assembled in Raleigh Tavern. All were members of the House of Burgesses; all were young men; and Thomas Jefferson was there, as he was from the first a leading spirit in the Revolutiona ry meetings. These daring young statesmen framed a resolution with great care, so as not to alarm the timid members, but which was destined to bear momentous results. It provided for the appointmen t of a Committee of Correspond ence and During Founding of the Republic v Inquiry for the disseminati on of intelligence between the colonies. It was to be a standing committee of eleven. To prevent miscarriage and allay apprehensi on the resolution was offered-"F or the purpose of quieting the minds of His Majesty's faithful servants in this colony, which had been much disturbed by various rumors and reports of proceeding s tending to deprive them of their ancient legal and constitutio nal rights. Other colonies were urged to appoint similar committees. The resolution was promptly passed, and the committee appointed contained such earnest young patriots as Thomas Jefferson, Patrick Henry, Peyton Randolph, and Richard Henry Lee. This bold action was followed by the dissolution of the House, but the committee remained at the capital and carefully prepared a circular letter, addressed to all the colonies, in which the purpose of the committee was fully explained and an urgent invitation was put forth to each colony immediately to appoint a similar committee, to the end that the thirteen dependenci es might be kept in. close touch and promptly informed of every overt act taken. Not only did the colonies promptly respond, but ere long almost every county, settlement, and village had its committee. Their work was indispensa ble. At one time they were the soul and strength of·the rising tide of opposition, the hope of liberty, and the bond of union that emboldened men and colonies to speak and strike in a way that would not have beer During Founding of the Republic vii pressing importance is the immediate rousing of the whole population of Virginia to the peril that confronts the American dependenci es. It was finally decided to attempt to pass an order through the House of Burgesses setting apart June 1st as a day for fasting, prayer, and humiliation, to be observed in all the churches. It required tact and skill to prepare a resolution that could be passed, as the nearer the hour drew for the cloud-burs t the more timid became the older and more conservati ve members. In after years, when referring to this important meeting, Jefferson wrote: "We cooked up a resolution, somewhat modernizin g the Puritan phrases, appointing the first day of June for a day of fasting, humiliation, and prayer, to implore Heaven to avert from us the evils of civil war and to inspire us with firmness in support of our Rights, and to turn the hearts of the King and Parliament to moderation and justice." The young men who prepared this resolution were famed more for skill with the violin and grace in dancing than for piety and prayer; and Jefferson well understood that if he or any of his youthful confrères were to offer the resolution, with its pious preamble smelling so strongly of the "godly'' days when Oliver Cromwell and his Ironsides ever had a prayer on their lips, a psalm in their throats, or a sacred text on their tongues, it would, or at least might, call forth the ridicule of the opposition and in the end defeat the measure. So a pious elderly viii Jefferson's Service to Civilization member was sought out, and he agreed tn offer the resolution, which was promptly passed. Again the royal governor dissolved the House. The members met the next day at the Raleigh Tavern, where they directed the Committee of Correspond ence to propose an American Congress of Deputies for all the colonies. Next they voted to meet in August to elect the Virginia members to the proposed congress, and they boldly declared that an attack on one colony was an attack on all. With this action Virginia may be said to have passed the Rubicon. Immediatel y after the adjournme nt of the meeting the members set out to their various bailiwicks, where they enthused the clergymen of the colony with their own patriotism and so aroused the people that by the first of June the great fast day led to the crystallizin g of the revolutiona ry sentiment of the colony, just as the leaders had predicted it would. Never before, and rarely since, have the clergy been so brave and outspoken. "The cause of liberty is the cause of God!'' exclaimed one minister; and this was the sentiment echoed from ocean to mountain. In after years Jefferson wrote of this memorable occasion: "The effect of the day was like a shock of electricity, arousing every man and placing him erect and solidly on his center." Between the dissolution of the House of Burgesses and the meeting of the members to appoint delegates to the proposed American Congress, Jefferson had ix During Founding of the Republic been busily engaged in a somewhat exhaustive and remarkably bold and brilliant presentatio n of the cause of the colonies, embodied as an outline for a series of instruction s to be given to the Virginia delegates for their introductio n at the general congress. Unfortunat ely, when he was en route for Williamsbur g he was taken suddenly ill and was thus prevented from attending the meeting. Copies of this brief of his for the colonies were, however, forwarded by him to the president of the House, and by him laid before the members. The legislature regarded the argument as rather too radical for the time, though it exerted great influence on those who read the manuscript ; and the members ordered that it be published in pamphlet form and circulated for the good of the cause under the title of "A Summary View of the Rights of America.'' In it the fearless young statesman boldly contended- "That the relation between Great Britain and these colonies was exactly the same as that of England and Scotland after the accession of James and before the Union, and the same as her present relation with Hanover, having the same executive chief but no other necessary political connection; and that our emigration of Danes and Saxons gave to the present authorities of the Mother Country over England." The publication of this pamphlet produced a tremendous impression wherever it was read. It was eagerly sought for on every hand and ran through several editions. There can be no doubt that, coming at the time it did, it exerted a very positive. x Jefferson's Service to Civilization and far-reachin g influence in favor of a bold and firm stand against English aggression. Copies soon found their way into England. The Liberals hailed it with delight. Some one, it is said to have been Burke, after making some interpolatio ns., republishe d it to aid the cause of the Opposition. There also several editions were exhausted. "This paper," observes the Honorable John Bigelow "placed Jefferson among the leaders if not at the head of the revolutiona ry movement in America. The Declaration of Independe nce, two years later, was but a perfected transcript of the 'Summary View.''' From the date of the publishing of this pamphlet Jefferson was the master spirit in the Virginia convention and was as a matter of course selected as a representa tive from Virginia to the general congress that had been called to meet in Philadelphi a. Shortly after arriving in Philadelphi a, Jefferson was assigned committee work when important memorials and replies were to be prepared. His superior education, his knowledge of law, of the precedents of history and of problems relating to political progress, and his happy faculty for presenting a cause in a strong and convincing manner, rendered his services invaluable. After the Battle of Lexington even the most timid of the representa tives came to share the opinions of Mr. Jefferson embodied in his "Summary View." Then it was seen that he had not only clearly per During Founding of the Republic xi ceived the coming storm, but he had voiced with marvelous clearness and felicity the opinions and position of America. Consequent ly, when the memorable committee was appointed to draft the Declaration of Independe nce, consisting of Franklin, Adams, Sherman, Livingston, and Jefferson, the latter was selected to draw up the momentous paper. This he promptly did, and after some slight and inconseque ntial modificatio ns it was adopted by the House and signed on July 4th, 1776. In speaking of the historical importance that circumstan ces have given to this great document, Mr. Bigelow observes that- "It seemed to be the weapon that dismembere d a great empire and that gave birth to a nation of unbounded possibilitie s. It gave guaranties for the fame of its author which are possessed by no other production of an American pen. For more than a century it has been read to assembled multitudes in every considerabl e town in the United States on the anniversar y of its adoption; and its style and sentiments have been the model for every people which since that time has sought to assert for itself the right of self-gover nment." For two months after the signing of the Declaration of Independe nce Jefferson labored incessantly further to aid in the organizatio n of the governmen t and in the preparatio n for the struggle being waged. At length he felt he could be better spared to the cause of freedom from the general congress than from the legislature in his own State, where matters of great moment were to be met. Accordingl y, he xii Jefferson's Service to Civilization resigned his seat in congress and repaired to Virginia. This step was taken because he was profoundly impressed with the importance of Virginia aiding in setting the pace for civilization in the New World in regard to just laws that should supplant the old, cumbersom e, and unjust statutes that had prevailed. He wished to wipe out many relics of barbarism, and he knew he possessed much influence that might at that time prove of genuine service to civilization. "When I left Congress in 1776,'' he tells us in his Autobiogra phy, "it was in the persuasion that our whole code must be reviewed and adapted to our republican form of governmen t, and, now that we had no negatives of councils, governors, and kings to restrain us from doing right, that it be corrected in all its parts with a single eye to reason and the good of those for whose governmen t it was framed.'' Arriving at the seat of governmen t, he was at once recognized as the leader and the very life of the progressiv e or reform element; while around him ranged four or five of as noble-mind ed men as Virginia has given the world. But in the great reform battle in the legislature, as well as the leader of the committee for the revision of all laws of Virginia, Jefferson was from first to last the master spirit. This is not saying that nearly all the splendid reforms he sought to compass were enacted at this time, or even during the ten or twelve succeeding years, when the magnificent work outlined by Jeffer During Founding of the Republic xiii son so far as possible was pushed forward by his most able disciple, James Madison: That could not be expected when a statesman fully one hundred years in advance of his age labored with men who were the products of generation s of monarchic rule and whose whole lives had been passed under ancient and oftentimes cruel and barbarousl y unjust laws. But the work he accomplish ed and the measures outlined by him and enacted within the next few years would alone entitle him to a high place among the great benefactor s of the New World, though his bold championsh ip of the cause of justice raised a storm of opposition from conservati ves and upholders of the old order that continued in a measure for more than thirty years. "Never, perhaps," observes Mr. Parton, "since the earliest historic times has one mind so incorporate d itself with a country's laws and institutions as Jefferson with those of new-born Virginia. '' His first victory was won in a hard-fough t battle for the abolition of the laws of entail. Many of the great old Virginia houses regarded with dismay the success of this bold innovator in sweeping from the statutes this time-honor ed and deeply cherished injustice. Next came a still more severe contest-the battle against a State Church and for freedom of thought in religious matters. The Established Church of England had long been supported by the people, and now this powerful church organizatio n, almost xiv Jefferson's Service to Civilization its whole clergy, and the majority of its wealthiest members were arrayed against Jefferson and his intrepid band. Yet the spirit of the hour and the masterly arguments of the broad-mind ed reformer overturned intrenched injustice, though bulwarked by prejudice, precedent, and convention alism. At first the victory was but 'partial, but the arguments marshaled by Jefferson and the fearless pushing forward of the work by Madison and others of his enthusiasti c disciples soon accomplish ed the great reform. Another hoary but cherished injustice was swept away after a stubborn contest in the abolition of primogenit ure and in the enactment of a law requiring equal partition of inheritance s. Here again convention alism and conservatis m made a desperate but unavailing stand. His noble plan for popular education showed that he more than any other philosophic statesman of his time understood the basic fact that free governmen t can only live in the presence of an enlightene d people. His elaborate and carefully wrought out plan for popular education was worthy of a great thinker whose appreciatio n of the importance of enlightenm ent was only second to his passion for justice. He proposed that common schools should be established in the counties of the State, one school to every one hundred householde rs. They were to be supported by the State. Every ten schools were to During Founding of the Republic xv have a director or overseer. The State was also to be divided into twenty grammar-s chool districts, in each of which a grammar-s chool building, with suitable accommodat ions for bed and board, was to be erected on public land. These, like the common schools, were to be supported by the public, and here English grammar, Greek, Latin, higher mathematic s, and other studies were to be taught. Those scholars who industrious ly pursued their studies and successfull y passed their examination s were to be permitted to attend for several years, while those failing to reach a certain percentage were to be dropped out at the end of each year. Each year also one especially competent pupil was to be selected from each grammar school, thus making twenty in all from the State, and sent to William and Mary College, where they were to be given their tuition, board, lodging, and clothing during the three years required for the full course in that institution. Jefferson knew that the wealth of the colony was at that time insufficient to enable it to board, clothe, and school all the children, but by his proposed plan every child would have the opportunit y to obtain a common-sc hool education, and many a grammar school training; while each year the State would be enriched by twenty youths whose previous education had indicated that they were intellectual ly the flower of the youth of the State, equipped with the best college education the community afforded. It will be observed also that this plan would have estab xvi Jefferson's Service to Civilization lished the precedent of the State assuming as her proper function, not merely the intellectual education of the children, but the supplying, so far as her resources would permit, of food, clothing, and shelter for the young while they were acquiring the knowledge he felt to be absolutely essential to the permanent triumph of true democracy. This may have been socialistic in spirit and tendency, but it certainly was wise and evinced far-seeing statesmans hip. The plan of education as outlined by Mr. Jefferson included the founding of a State public library and the establishin g of William and Mary College as a State university. He had the drafting of the entire educational plan, but in this work George Wythe and Edward Pendleton concurred. In 17 79 Jefferson was elected Governor of Virginia. The infant State thus far had for the most part escaped the ravages of war and had lavishly sent men and means to strengthen and aid General Washington ; and later, after Jefferson became Governor, when the more southern colonies were attacked, she sent men and munitions to aid in the Carolinas, and when, drained of men and resources, the enemy descended upon her defenseless shores, Richmond was captured and ravished by Arnold. The legislature adjourned to Charlottesv ille, but being pursued they disbanded. Jefferson narrowly escaped capture. The lack of aggressive defense on the part of During Founding of the Republic xvii Governor Jefferson was seized upon by his enemies all over the State, whose animosity had been aroused by his great reform acts, as something reprehensi ble. But here, as at other times, Jefferson's actions were prompted by the highest motives of patriotism. The success of Washington and of the whole nation was of far more importance than the making of a doubtful stand against the British in Virginia; and, when it was found that Jefferson had merely acted in harmony with Washington 's desires, the next legislature passed a strong resolution of confidence and approved his services as Governor. In 1784 Mr. Jefferson was appointed by Congress minister plenipotent iary to act with Benjamin Franklin and John Adams in negotiating treaties with European nations, and in 1785 he was appointed Minister to France, to succeed Dr. Franklin, a position he held until 1789, dischargin g his duties in an eminently satisfactor y manner. He succeeded in securing important modificatio ns of the French tariff in the interests of American commerce, and also became a great favorite with the abler and more progressiv e and republican thinkers of France. Daniel Webster in referring to Jefferson's ministry at Paris said: "No court in Europe had at that time a representa tive in Paris commandin g or enjoying higher regard for political knowledge or for general attainment than the Minister of this infant Republic. '' It was while he was absent in France that his YOL. VII-B xviii Jefferson's Service to Civilization friend, James Madison, forwarded to him a draft of the Constitutio n. Jefferson was amazed and alarmed at its defects. There was no bill of rights properly safeguardi ng the liberties of the citizens or the States; no precaution s against that deadly menace to a republic-a large standing army; no provisions against the curse of monopoly. Freedom of conscience and speech was not granted, and the right of habeas corpus was not made secure. Furthermor e, there was no provision against Presidents succeeding themselves indefinitely . The absence of these things was well calculated to disquiet a statesman whose prevision was so keen and whose .mind was so richly stored with the warnings of history. Neverthele ss he appreciate d the perilous condition the country was in without a constitutio n; so he reluctantly gave his support to the instrument, relying on amendment s to remedy its dangerous defects. 'When Washington entered upon his duties as first President of the infant Republic, Jefferson was urged to take the portfolio of State, which he very reluctantly accepted. Shortly after the assumption of this portfolio began that struggle o£ giants .for supremacy in the nation, representi ng two opposing and mutually exclusive ideals of governmen t, which became the chief source of bitterness in the Cabinet of the first President. The apostle of privilege, class rule, and centralizati on and the apostle of democracy soon found themselves differing at almost every During Founding of the Republic xix point, because their fundamenta l conception s of governmen t were entirely unlike. Alexander Hamilton, a man of splendid intellectual abilities, of imperious will, and of aristocratic tastes, as ambitious for military glory as he was autocratic in temper, was under the spell of the limited monarchy idea. He was in spirit, taste, and temper monarchic or imperialistic, and his contempt for the masses-or the "mob," as the early Federalists were pleased to term the people-was as sincere as was his deep-roote d distrust of them. The fact that he was sincere in these conclusions made him doubly dangerous. With him the old Tory citizens went heart and soul. They desired to make the best of what they considered the unhappy outcome of the war. With him naturally was ranged a large proportion of the wealthier citizens, as he was the special champion of the property class. He also attracted the shrewd financiers, who saw in his schemes golden opportuniti es for the acquisition. of the special privileges and subsidies that would enrich the few, not infrequentl y at the expense of the many; while even more dangerous than all else to the cause of republicani sm was the great number of high-minde d patriots whose whole previous reading, training, and prejudices inclined them to Hamilton's view of class superiority and of the right of persons of property or means to arrogate rights denied their poorer brethren. These theories were altogether abhorrent to Jef xx Jefferson's Service to Civilization ferson. He was too much of a philosophe r, well versed in history and human life, to imagine that there could be any security or safety such as Hamilton imagined would. exist under a firmly established property-h olding class governmen t. He knew, as every deeply thoughtful and philosophic student of history knows, that a ruling class, be it ever so wise and humane at the beginning, soon comes to legislate for its own interests and against those of the masses. He knew full well that the splendid new theory of governmen t-that of liberty, justice, and fraternity for all the people-wou ld rapidly resolve itself into an iridescent dream if the governmen t became subservien t or in any way limited to a privileged class, or was left to the administrat ion of individuals not directly accountabl e to all the people. Hamilton, though he had fought manfully for the adoption of the Constitutio n, was never satisfied with that instrument, because of its republican character. He had wished to make the offices of President and Senators dependent on good behavior, with provisions for removal only by impeachme nt, which would virtually mean life tenure. He desired that no one but members of the propertied class should be allowed to vote for Senators, and that all State Governors should be appointed by the President. Other autocratic provisions were also desired. In a word, he wished to model our governmen t as nearly as the American people would permit after the fashion of the limited monarchy of Great Britain, During Founding of the Republic xix point, because their fundamenta l conception s of governmen t were entirely unlike. Alexander Hamilton, a man of splendid intellectual abilities, of imperious will, and of aristocratic tastes, as ambitious for military glory as he was autocratic in temper, was under the spell of the limited monarchy idea. He was in spirit, taste, and temper monarchic or imperialisti c, and his contempt for the masses-or the "mob," as the early Federalists were pleased to term the people-was as sincere as was his deep-roote d distrust of them. The fact that he was sincere in these conclusions made him doubly dangerous. With him the old Tory citizens went heart and soul. They desired to make the best of what they considered the unhappy outcome of the war. With him naturally was ranged a large proportion of the wealthier citizens, as he was the special champion of the property class. He also attracted the shrewd financiers, who saw in his schemes golden opportuniti es for the acquisition. of the special privileges and subsidies that would enrich the few, not infrequentl y at the expense of the many; while even more dangerous than all else to the cause of republicani sm was the great number of high-minde d patriots whose whole previous reading, training, and prejudices inclined them to Hamilton's view of class superiority and of the right of persons of property or means to arrogate rights denied their poorer brethren. These theories were altogether abhorrent to Jef During Founding of the Republic xxi as he regarded that as the most admirable of governmen ts. Hamilton's lack of confidence in his fellowmen, his sympathy with caste, aristocracy , and wealth, and the fact that his eyes were ever riveted on the past rather than the future, made him timid and fearful of any governmen t not bulwarked by precedent and well-establi shed examples. On the other hand, Jefferson was a man of faith and conviction. He believed in the divinity of humanity. He had perfect confidence in the people, if equal and exact justice were guaranteed to every unit in the State. He knew that kingscraft, priestcraft, feudalism, aristocracy , autocracy, and in a word all rulership of classes, had been oppressive, unjust, and unfavorabl e to the highest developmen t of manhood and the rapid progress of civilization; and he believed that the path of safety lay along the line of freedom, fraternity, justice, and equality of rights and opportuniti es. Hence, though he was as dissatisfied with the Constitutio n as was Hamilton, it was for reasons diametricall y opposed to those of the apostle of privilege, classes, and imperialisti c ideals. Hence, the struggle of the Titans for principles that each held to be essential to the permanenc e of the new nation grew so fierce that Jefferson's life in the Cabinet was made the most miserable period in his long public carexer. So bitter at length became this contexst that Jcfferson resigned his position, not wishing longer to serve in a Cabinet whose discord xxii Jefferson's Service to Civilization he felt would itself prove disastrous to the best interests of the State. He did not retire, however, until he had aroused the masses to the extreme peril to republicani sm arising from the determined attitude of Hamilton and his party of privilege and reactionary tendencies. As Jefferson had hoped to remedy the defects of the Constitutio n by amendment s, Hamilton was determined to make the governmen t stronger than the Constitutio n, and thus step by step gain through aggressive centralizati on, through precedents and the ever-growi ng power of class interests, the ends that he so devoutly desired at the outset and that Jefferson knew would be subversive of the fundamenta l principles of free governmen t. The masterly opposition of the greatest exponent of faith in the people against the determined champion of class rule and imperialism checked Hamilton's victorious course ere its baleful influence had dominated the governmen t. Important as was his brave and determined course in uniting the fortunes of Virginia with those of Massachuse tts when the latter colony was the special object of monarchic tyranny; helpful as were his efforts in securing the Standing Committee of Correspond ence for the colonies; immensely valuable as was his ` ` Summary View '' to the cause of American freedom; essentially glorious as were his voicing of the New World protest and proclamatio n in the Declaration of Independe nce; great and far-reachin g for good as was his work as the pre-eminen t leader During Founding of the Republic xxiii in aggressive statesmans hip in Virginia, which eventuated in religious freedom, the abolition of entail and primogenit ure, and the provision for the equal division of inheritance s; splendid as were his program for popular education and his plan for the abolition of slavery and the colonizatio n of the negroes-all these services are overshado wed and eclipsed by his brave, masterly, and victorious stand for freedom against monarchic, reactionary , and class interests. This may, indeed, be said to be the supreme service he rendered in the founding of the greatest of modern nations; for his genius, courage, single-hear tedness, patriotism, and loyalty to the lodestone of liberty and just governmen t, guaranteei ng equality of opportunit y and rights to all citizens, served to beat back the baleful influences that in the light of history and the nature of society could only in the end have proved fatal to free governmen t. The owls and bats of reaction were put to flight, as were also the harpies of privilege and the cormorants of class interests, while the principles of free governmen t were so clearly established in the imagination of the people that the high priest of the English system and the apostle of classes lost his sway over the nation. Mr. Jefferson, on the other hand, not only became the great leader and interpreter of democracy and the people's choice for Chief Executive for eight years, but the highest office in the Republic passed from him to Mr. Madison, his xxiv Jefferson's Service to Civilization best-belov ed and most devoted disciple, who in turn yielded it to another of Mr. Jefferson's friends and followers. And thus the reign of popular governmen t and robust Americanis m became so firmly established that until after the assassinati on of Abraham Lincoln-an other apostle of freedom and champion of the common people-the Republic was the greatest moral world power of any age or time. Richard Henry Lee's Resolution (June 7, 1776) Photo-engr aving from the Original Draft in Independe nce Hall, Philadelphi a. This resolution was presented to the Continental Congress a month before the Declaration of Independe nce was read. In fact, this was the motion passed by Congress that gave Jefferson the task of writing his famous State Document. Richard Henry Lee's speech on introducin g this bold measure was one of the most brilliant examples of eloquence ever heard. The Resolution reads: Resolved, That these United Colonies are, and of right ought to be, free and independen t States; that they ar absolved from all allegiance to the British Crown; and that all political connection s between them and the State of Great Britain is and ought to be totally dissolved. That it is expedient forthwith to take the most effectual measures for forming foreign alliances. That a plan of confederati on be prepared and transmitted to the respective Colonies for their considerati on and approbatio n Resolved, That is the opinion of this Committee that the first resolution be postponed to this day three weeks and that in the meantime [least any time should be lost in case the Congress agree to this resolution] a committee be appointed to prepare a Declaration to the effect of the said first resolution. CONTENTS. PAGE JEFFERSON 'S SERVICE TO CIVILIZATI ON DURING THE FOUNDING OF THE REPUBLIC. By B. O. FLOWER, Editor of The Arena......... .................. .................. .......................... i LETTERS WRITTEN WHILE IN EUROPE (1754-1789) ............. 1-483 To John Jay, May 4, 1788............................................................. 1 To Monsieur Terrasson, May 7, 1788............................................. 6 To C. W. F. Dumas, May 15, 1788................................................ 7 To the Board of Treasury, May 16, 1788....................................... 9 To the Count de Moustier, May 17, 1788.................................... 12 To John Jay, May 23, 1788.......................................................... 15 To John Brown, May 23, 1788..................................................... 23 To William Carmichael, May 27, 1788......................................... 23 To John Jay, May 27, 1788........................................................ 31 To Colonel Carrington, May 27, 1788........................................ 36 To James Madison, May 28, 1788............................................. 39 To Peter Carr, May 28, 1788.................................................... 43 To the Comte de Bernstorff, June 19, 1788................................ 44 To Thomas Digges, June 19, 1788............................................. 47 To John Rutledge, Jr., January 19, 1788................................... 50 To T. Lee Shippen, June 19, 1788.......................................... 52 To the Count de Montmorin, June 20, 1788........................... 54 To the Count de Montmorin, June 28, 1788............................. 62 To Captain Dircks, July 2, 1788.............................................. 63 To T. Lee Shippen, Esq., July 13,1788.................................. 64 To Doctor William Gordon, July 16, 1788............................. 66 To R. Izard, July 17, 1788................................................... 70 To Rev. James Madison, of William and Mary College, July 19, 1788. 73 xxvi Contents LETTERS WRITTEN WHILE IN EUROPE-Continued........................ page To Edward Rutledge, July 18, 1788..................................... 79 To John Brown Cutting, July 24, 1788................................. 82 To Charles Bellini, July 25,1788.......................................... 88 To John Brown Cutting, July 28, 1788................................ 90 To Andrew Limozin, July 30, 1788.................................... 92 To James Madison, July 31, 1788...................................... 93 To Colonel W. S. Smith, August 2, 1788............................ 99 To John Adams, August 2, 1788........................................ 101 To John Jay, August 3, 1788............................................... 105 To Colonel James Monroe, August 9, 1788........................ 112 To Hector St. John de Creve-Coeu r, August 9, 1788.. ..... 113 To John Bannister, Jr., August 9, 1788.............................. 116 To the Count de Moustier, August 9, 1788........................ 117 To John Jay, August 10, 1788.......................................... 119 To John Jay, August 11, 1788......................................... 121 To William Carmichael, August 12, 1788........................ 124 To John Rutledge, Jr., August 12, 1788.......................... 127 To John Jay, August 20, 1788....................................... 128 To John Brown Cutting, August 23, 1788..................... 130 To John Jay, September 3, 1788.... ............................. 132 To the Commission ers of the Treasury, September 6, 1788.......... 134 To John Rutledge, Jr., September 9, 1788................... 137 To John Brown Cutting, September 9, 1788................ 139 To the Count de Montmorin, September 11, 1788....... 141 To Gerard de Reyneval, September 16, 1788.............. 142 To the Marquis Armand de La Rourie, September 16, 1788......... 143 To William Short, September 20, 1788....................... 145 To John Jay, September 24, 1788............................. 149 To T. Lee Shippen, September 29, 1788................... 151 To Gerard de Reyneval, October 1, 1788.................. 154 To John Brown Cutting, October 2, 1788................. 155 Contents xxvii LETTERS WRITTEN WHILE IN EUROPE-Continued. Pages To the Count de Montmorin, October 23, 1788......... 156 To William Short, November 2, 1788......................... 159 To John Brown Cutting, November 3, 1788................ 161 To C. W. F. Dumas, November 3, 1788................... 163 To John Jay, November 14, 1788............................. 164 To James Madison, November 18, 1788.................. 183 To Alexander Donald, November 18, 1788... ........... 187 To John Jay, November 19, 1788............................ 189 To John Jay, November 29, 1788............................ 221 To General George Washington , December 4, 1788 223 To John Adams, December 5, 1788. ....................... 231 To William Short, December 8, 1788....................... 235 To Doctor James Currie, December 20, 1788......... 238 To Thomas Paine, December 23, 1788................... 241 To Thomas Paine, December 23, 1788.................. 245 To William Carmichael, December 25, 1788........... 247 To Dr. Richard Price, January 8, 1789.. ................ 252 To John Jay, January 11, 1789.............................. 259 To James Madison, January 12, 1789................... 267 To John Jay, January 14, 1789,.......................... 270 To John Adams, January 14, 1789........................ 272 To Madame Necker, January 24, 1789................. 275 To John Jay, February 4, 1789.............................. 279 To William Short, February 4, 1789...................... 282 To Monsieur De Villedeuil, February 10, 1789...... 284 To William Short, February 28, 1789 .................. 286 To Dr. Edward Bancroft, March 2, 1789............. 289 To T. Lee Shippen, March 11, 1789 ................... 291 To John Jay, March 12, 1789.............................. 293 To Francis Hopkinson, March 13, 1789................. 299 To Count de Moustier, March 13, 1789................ 303 To Madame de Brehan, March 14, 1789................ 307 To James Madison, March 15, 1789 .................... 309 To Thomas Paine, March 17, 1789....................... 315 xxviii Contents LETTERS WRITTEN WHILE IN EUROPE-Continued. PAGE To Colonel David Humphreys , March 18, 1789 .......... 319 To Doctor Joseph Willard, March 24, 1789................. 325 To J. Sarsfield, April 3, 1789....................................... 329 To Marquis de La Fayette, May 6, 1789...................... 333 To William Carmichael, May 8, 1789........................... 335 To Lewis Littlepage, May 8, 1789... ........................... 338 To John Jay, May 9, 1789.......................................... 340 To General George Washington , May 10, 1789........... 347 To James Madison, May 11, 1789.............................. 353 To John Jay, May 12, 1789....................................... 356 To Monsieur de Pontiere, May 17, 1789 ................... 358 To Benjamin Vaughan, May 17, 1789........................ 359 To Thomas Paine, May 19, 1789.............................. 361 To Doctor Richard Price, May 19, 1789.................... 364 To Hector St. John de Creve-Coeu r, May 20, 1789.. 367. To Marquis de La Fayette, June 3, 1789................... 370 To Monsieur de St. Etienne, June 3, 1789................. 370 To Marquis de La Fayette, June 12, 1789................ 374 To John Jay, June 17, 1789.................................... 375 To James Madison, June 18, 1789......................... 386 To John Jay, June 24, 1789................................... 390 To John Jay, June 29, 1789................................... 397 To Marquis de La Fayette, July 6, 1789................ 400 To Marquis de La Fayette, July 7, 1789.................. 400 To Jacques Necker, July 8, 1789........................... 401 To Count de Montmorin, July 8, 1789................... 402 To Marquis de La Fayette, July 9, 1789................ 403 To Marquis de La Fayette, July 10, 1789............... 404 To Thomas Paine, July 11, 1789. ......................... 404 To John Mason, July 16, 1789............................ 408 To John Jay, July 19, 1789................................ 409 To Monsieur L'Abbè Arnoud, July 19, 1789........ 422 To James Madison, July 22, 1789....................... 424 To John Jay, July 23, 1789................................. 428 Contents xxix LETTERS WRITTEN WHILE IN EUROPE-Continued PAGE To John Jay, July 29, 1789................................... 429 To William Carmichael, August 9, 1789................ To John Jay, August 27, 1789.............................. 436 To James Madison, August 28, 1789..................... 444 To James Madison, September 6, 1789................ 454 To Doctor Gem, September, 1789........................ 462 To Edward Rutledge, September 18, 1789............. 463 To John Jay, September 19, 1789......................... 467 To Jacques Necker, September 26, 1789.............. 478 To John Jay, September 30, 1789......................... 480 JEFFERSON 'S WORKS. LETTERS WRITTEN WHILE IN EUROPE. 1784-1789. TO JOHN JAY. PARIS, May 4, 1788. SIR,-I had the honor of addressing you in two. letters of the 13th and 16th of March, from Amsterdam, and have since received Mr. Ramson's of February the 20th. I staid at Amsterdam about ten or twelve days after the departure of Mr. Adams, in hopes of seeing the million of the last year filled up. This, however, could not be accomplish ed on the spot. But the prospect was so good as to have dissipated all fears; and since my return here, I learn (not officially from our bankers but) through a good channel, that they have received near four hundred thousand florins, since the date of the statement I sent you, in my letter of March the 16th; and I presume we need not fear the completion of that loan, which will provide for all our purposes of the year 1788, as stated in that paper. I hope, therefore, to receive from the treasury orders in conformity VOL. VII- I 2 Jefferson's Works thereto, that I may be able to proceed to the redemption of our captives. A provision for the purposes of the years, 1789 and 1790, as stated in the same paper, will depend on the ratification by Congress of Mr. Adams' bonds of this year, for another million of florins. But there arises a new call from this governmen t, for its interest at least. Their silence, hitherto, has made it be believed in general, that they consented to the non-payme nt of our interest to them, in order to accommodat e us. You will perceive in the seventy-fif th and seventy-si xth pages of the compte rendu, which I have the honor to send you, that they call for this interest, and will publish whether it be paid or not; and by No. 25, page eighty-one, that they count on its regular receipt, for the purposes of the year. These calls, for the first days of January, 1789 and 1790, will amount to about a million and a half of florins more; and if to be raised by loan, it must be for two millions, as well to cover the expenses of the loan, as that loans are not opened for fractions of millions. This publication seems to render a provision for this interest as necessary, as for that of Amsterdam. I had taken measures to have it believed at Algiers, that our governmen t withdrew its attention from our captives there. This was to prepare their captors for the ransoming them at a reasonable price. I find, however, that Captain O'Bryan is apprized that I have received some authority on this subject. He writes me a cruel letter, supposing me the obstacle Correspond ence to their redemption . Their own interest requires that I should leave them to think thus hardly of me. Were the views of governmen t communicat ed to them, they could not keep their own secret, and such a price would be demanded for them, as Congress, probably, would think ought not to be given, lest it should be the cause of involving thousands of others of their citizens in the same condition. The moment I have money, the business shall be set in motion. By a letter from Joseph Chiappe, our agent at Mogadore, I am notified of a declaration of the Emperor of Morocco, that if the States General of the United Netherland s do not, before the month of May, send him an ambassador , to let him know whether it is war or peace between them, he will send one to them with five frigates; and that if their disposition s be unfavorabl e, their frigates shall proceed to America to make prizes on the Dutch, and to sell them there. It seems to depend on the Dutch, therefore, whether the Barbary powers shall learn the way to our coasts, and whether we shall have to decide the question of the legality of selling in our ports, vessels taken from them. I informed you, in a former letter, of the declaration made by the court of Spain to that of London, relative to its naval armament, and also of the declaration of the Count de Montmorin to the Russian minister here, on the same subject. I have good information , that the court of Spain has itself made a similar and formal 4 Jefferson's Works declaration to the minister of Russia, at Madrid. So that Russia is satisfied she is not the object. I doubt whether the English are equally satisfied as to themselves. The season has hitherto prevented any remarkable operation between the Turks and the two empires. The war, however, will probably go on, and the season now admits of more important events. The Empress has engaged Commodore Paul Jones in her service. He is to have the rank of rear admiral, with a separate command, and it is understood that he is in no case to be commanded . He will probably be opposed to the Captain Pacha on the Black Sea. He received this invitation at Copenhage n, and as the season for commencin g the campaign was too near to admit time for him to ask and await the permission of Congress, he accepted the offer, only stipulating, that he should be always free to return to the orders of Congress whenever called for, and that he should not be expected to bear arms against France. He conceived that the experience he should gain, would enable him to be more useful to the United States, should they ever have occasion for him. It has been understood , that Congress had it in contemplati on to give him the grade of rear admiral, from the date of the action of the Serapis, and it is supposed, that such a mark of their approbatio n, would have a favorable influence on his fortune in the north. Copies of the letters which passed between him and the Danish Minister are herewith transmitted . I shall immediately represent to Count Correspond ence 5 Bernstorff, that the demand for our prizes can have no. connection with a treaty of commerce; that there is no reason why the claims of our seamen should await so distant and uncertain an event; and press the settlement of this claim. This country still pursues its line of peace. The ministry seem now all united in it; some from a belief of their inability to carry on a war; others from a desire to arrange their internal affairs, and improve their constitutio n. The differences between the King and parliaments , threaten a serious issue. Many symptoms indicate that the governmen t has in contemplati on some act of high-hande d authority. An extra number of printers have, for several days, been employed, the apartment wherein they are at work being surrounde d by a body of guards, who permit nobody either to come out or go in. The commander s of the provinces, civil and military, have been ordered to be at their stations on a certain day of the ensuing week. They are accordingl y gone; so that the will of the King is probably to be announced through the whole kingdom, on the same day. The parliament of Paris, apprehendi ng that some innovation is to be attempted, which may take from them the opportunit y of deciding on it after it shall be made known, came last night to the resolution, of which I have the honor to enclose you a manuscript copy. This you will perceive to be, in effect, a declaration of rights. I am obliged to close here the present letter, lest I should miss the oppor- 6 Jefferson's Works tunity of conveying it by a passenger who is to_ call for it. Should the delay of .the packet admit any continuatio n of these details, they shall be the subject of another letter, to be forwarded by post. The gazettes of Leyden and France 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. TO MONSIEUR TERRASSON . PARIS, May 7, 1788. SIR,-I have read with attention the papers on the subject of the canal of the Santee and Cooper rivers, and shall be glad to do anything I can to promote it. But I confess I have small expectation s for the following reason: General Washington sent me a copy of the Virginia act for opening the Potomac. As that canal was to unite the commerce of the whole western country almost, with the eastern, it presented a great view. The General detailed the advantages of it, and it had the weight of his name, and was known to be under his immediate direction. It was pushed here among the monied men to obtain subscriptio ns, but not a single one could be obtained. The stockjobbi ng in this city offered greater advantages than to buy shares in the canal. I tried whether they would lend money on the security of the canal, but they answered they could get as good an interest by lending to their own governmen t, with 7 Correspond ence a douceur in the outset, and would have their money under their own eye, more at their command, and more sure as to the payment of interest. However, if you find any opening, and can point out to me how I may be useful in promoting it, I shall do it with infinite pleasure. I have the honor to be, with sentiments of the most perfect esteem, Sir, your most obedient, and most humble servant. TO M. DUMAS. PARIS, May 15, 1788. SIR,-My first moments after any return having been necessarily occupied by letters which had come during my absence, and which required immediate answers, I have not till now been able to resume my correspond ence with you, and to inform you of my safe arrival here after a very agreeable tour through Germany. Our news from America comes down to the l4th of March. At that time the state of the new constitutio n was thus: It had been accepted in Massachuse tts by ³ 187 ³ aye ³ against ³ 168 ³ noe ³ ³ s ³ ³ ³ s ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ Connecticut ³ 148 ³ " ³ " ³ 40 ³ " ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ Pennsylvan ³ 46 ³ " ³ " ³ 23 ³ " ia ³ ³ ³ ³ ³ ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ Delaware ³ 22 ³ " ³ " ³ 00 ³ " ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ New Jersey ³ 39 ³ " ³ " ³ 00 ³ " ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ Georgia ³ 33 ³ " ³ " ³ 00 ³ " ÄÄÄÄÄÄÄÄÄÄÄÄÄÅÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄÄÄÄÅÄÄÄÄÄÅÄÄÄÄÄ Total ³ 475 ³ ³ ³ 231 ³ 8 Jefferson's Works The Convention s of the other States were to meet as follows : Maryland... ................ . . April 21. SouthCaroli na .................. May 12. Virginia....................... . May 26. NewYork.... ..............:... June17. NorthCaroli na .................. July- NewHampsh ire............. .... June- Rhode Island had not called a Convention . I have received a letter from General Washington , wherein he gives it as his opinion, that Virginia will accede to it. Mr. Madison inclines to the same opinion. In fact, if Maryland and South Carolina should have adopted it, as there is great reason to believe, the motives will become very cogent on Virginia for accepting also. She will see that eight States have already concurred, that New Hampshire and North Carolina will probably concur, that the opposition to be made by Virginia and New York would have little efect, and joined with Rhode Island would even be opprobriou s. So that probably she will follow the example set by Massachuse tts of accepting the constitutio n unconditio nally, and instructing her delegates to join with those of Massachuse tts in urging future amendment. In this case the matter will be fixed by nine States at the close of this month, or beginning of the next, and we may have the news by the last of June. It is very possible that the President and new Congress may Correspond ence 9 be sitting at New York in the month of September. I have no other material news from America. Here all seems peace without and war within. A great deal of good is offered to the nation, but some think there is more evil in the form of the offer. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO THE HONORABLE THE BOARD OF TREASURY. PARIS, May 16, 1788. GENTLEME N,-In a letter of March 29th, which I had the honor of addressing you from Amsterdam, I stated to you what had passed till that date relative to our money affairs in England, and I enclosed you an estimate of these, which looks forward to the end of the year 1790. I mentioned to you also, that the prospect of filling up the loan of the last million was at that moment good, so that I thought you might be at ease as to the payment of the June interest. I have now the pleasure to enclose you a letter from our bankers of the 8th instant, wherein they inform me they have sold bonds enough to pay the June interest and have a surplus sufficient to replace the moneys lent from the Virginia fund, and by Mr. Grand. These advances were but momentary accommodat ions, made under the mistaken idea that the money was in Amsterdam ready to replace them, and it was not in idea to inscribe them on the roll of the 10 Jefferson's Works debts of the United States, to take their turn of payment. You will therefore, I hope, think me justifiable in having them replaced immediately , as there is money enough now for that purpose, over and above the June interest. The balance due to Gateau is for one of the medals I had your orders to have made, and has been due upwards of a twelvemont h. Mr. Short's salary I suppose included under your general order that the diplomatic calls shall be regularly paid by our bankers. So far then, I shall venture to draw immediately , perhaps also for the little balance due to Ast, whose distresses call loudly for assistance. He has been obliged to carry his clothes to the pawnbroke rs to raise money for his subsistenc e. All the other articles of the estimate will await your orders, which you will therefore be pleased to give as you think proper. The foreign officers had proposed a meeting, the object of which was, as I heard, to address Congress in terms which would have been very disagreeabl e, and at the same time to present a petition to the King, claiming his interpositio n. This would have made a great deal of noise, and produced very disagreeabl e effects. This was a few days before I went to Amsterdam. I saw Colonel Gouvion the day before I set out, and desired him to quiet them till my return, explaining to him that one of the objects of my journey would be to enable you to pay them. I have since my return, informed them of the prospect of payment, and that your orders for that purpose may be hoped by the 11 Correspond ence month of June. A letter from O'Brian, at Algiers, shows me that he has had an intimation of my being authorized to redeem them, and imputes the delay to me. I have endeavored , on the contrary, to have it believed at Algiers, that the public will not interest itself in their redemption , having been assured by the General of the religious order who is to act for us, that if the Dey has the least expectation s that the public will interfere, he will hold them at such prices as this order has never given, and cannot consent to give, because of the precedent, and that in this case we shall lose the benefit of their agency. Under these circumstan ces it would be cruelty to the captives to let them know we are proceeding to their redemption . They could not keep their own secret, and the indiscretio n of any one of them might forever blast the prospect of their redemption . For I suppose it to be uncontrove rtible that a regard to the safety and liberty of our seamen and citizens in general forbids us to give such prices for those in captivity as will draw on our vessels peculiarly the pursuit of those sea-dogs. It is for the good of the captives themselves, therefore, that we submit to be thought hardly of by them; but no time should be lost unnecessar ily in proceeding to their redemption ; nor shall a moment be lost after I shall be authorized by your order to receive the money. You perceive that by the extract from the letter of the bankers which I have the honor to enclose you, they expect to place speedily the rest of the bonds. I think I 12 Jefferson's Works may venture to assure you they can do it at' any moment if they are pushed. You know the misunderst andings which exist between these two houses. These are the cause of their not always saying as much as they might venture to say, with truth. There is an error in the estimate I sent you, which must be explained. I omitted, when I set out from Paris, to ask Mr. Short for a state of the balance due him, and had always been ignorant of it, as the account remained between him and Mr. Grand. When making the estimate at Amsterdam, therefore, I was obliged to conjecture what that balance was, which I did from a very slight and mistaken circumstan ce as I now find. The balance due him, instead of being about 5000l., as I had guessed, is 13,146l. 6, as you will see by his account now enclosed. I have the honor to be, with sentiments of the most perfect esteem and respect, Gentlemen, your most obedient, and most humble servant. TO THE COUNT DE MOUSTIER. PARIS, May 17, 1788. DEAR SIR,-I have at length an opportunit y of acknowledg ing the receipt of your favors of February, and March the 14th, and congratulat ing you on your resurrectio n from the dead, among whom you had been confidently entombed by the newsdealer s of Paris. I am sorry that your first impres Correspond ence 13 sions have been disturbed by matters of etiquette, where surely they should least have been expected to occur. These disputes are the most insusceptib le of determinati on, because they have no foundation in reason. Arbitrary and senseless in their nature, they are arbitrarily decided by every nation for itself. These decisions are meant to prevent disputes, but they produce ten where they prevent one. It would have been better, therefore, in a new country, to have excluded etiquette altogether; or if it must be admitted in some form or other, to have made it depend on some circumstan ce founded in nature, such as the age or station of the parties. However, you have got over all this, and, I am in hopes, have been able to make up a society suited to your own disposition s. Your situation will doubtless be improved by the adoption of the new constitutio n, which I hope will have taken place before you receive this. I see in this instrument, a great deal of good. The consolidati on of our governmen t, a just representa tion, an administrat ion of some permanenc e, and other features of great value, will be gained by it. There are, indeed, some faults, which revolted me a good deal in the first moment; but we must be contented to travel on towards perfection, step by step. We must be contented with the ground which this constitutio n will gain for us, and hope that a favorable moment will come for correcting what is amiss in it. I view in the same light, the innovations making here. The new organizatio n of the judiciary 14 Jefferson's Works department is undoubtedl y for the better. The reformation of the criminal code, is an immense step taken towards good. The composition of the Plenary court is, indeed, vicious in the extreme; but the basis of that court may be retained, and its composition changed. Make of it a representa tive of the people, by composing it of members sent from the Provincial Assemblies, and it becomes a valuable member of the constitutio n. But it is said, the court will not consent to do this; the court, however, has consented to call the States General, who will con- sider the Plenary court but as a canvas for them to work on. The public mind is manifestly advancing on the abusive prerogativ es of their governors, and bearing them down. No force in the governmen t can withstand this, in the long run. Courtiers had rather give up power than pleasures; they will barter, therefore, the usurped prerogativ es of the King, for the money of the people. This is the agent by which modern nations will recover their rights. I sincerely wish that in this country, they may be contented with a peaceable and passive opposition. At this moment, we are not sure of this, though as yet it is difficult to say what form the opposition ill take. It is a comfortable circumstan ce, that their neighborin g enemy is under the administrat ion of a minister disposed to keep the peace. Engage in war who will, may my country long continue your peaceful residence, and merit your good offices with that nation, whose affections it is their duty and interest to culti 15 Correspond ence vate. Accept these and all other the good wishes of him, who has the honor to be, with sincere esteem and respect, dear Sir, your most obedient, and most humble servant. TO JOHN JAY. PARIS, May 23, 1788. SIR,-When I wrote my letter of the 4th instant, I had no reason to doubt that a packet would have sailed on the 10th, according to the established order. The passengers had all, except one, gone down to Havre in this expectation . However, none have sailed, and perhaps none will sail, as I think the suppressio n of the packets is one of the economies in contemplati on. An American merchant, concerned in the commerce of the whale oil, proposed to government to despatch his ships from Havre and Boston at stated periods, and to take on board the French courier and mail, and the proposition has been well enough received. I avail myself of a merchant vessel going from Havre, to write the present. In my letter of the 4th, I stated to you the symptoms which indicated that governmen t had some great stroke of authority in contemplati on. That night, they sent guards to seize Monsieur d'Epremeni l and Monsieur Goisland, two members of parliament, in their houses. They escaped, and took sanctuary in the Palais (or parliament house). The parliament assembled itself extraordina rily, sum 16 Jefferson's Works moned the Dukes and Peers specially, and came to the resolution of the 5th, which they sent to Versailles by deputies, determined not to leave the palace till they received an answer. In the course of that night, a battalion of guards surrounde d the house. The two members were taken by the officers from among their fellows, and sent off to prison, the one to Lyons, the other (d'Epremen il), the most obnoxious, to an island in the Mediterran ean. The parliament then separated. On the 8th, a bed of justice was held at Versailles, wherein were enregistere d the six ordinances which had been passed in Council, on the 1st of May, and which I now send you. They were in like manner enregistere d in beds of justice, on the same day, in nearly all the parliaments of the kingdom. By these ordinances; I, the criminal law is reformed, by abolishing examination on the sellette, which, like our holding up the hand at the bar, remained a stigma on the party, though innocent; by substitutin g an oath, instead of torture, on the question prèalable, which is used after condemnati on, to make the prisoner discover his accomplices ; (the torture abolished in 1789, was on the question prèparatoir e, previous to judgment, in order to make the prisoner accuse himself;) by allowing counsel to the prisoner for his defence; obliging the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestion ably good, and within Correspond ence 17 the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom, who yields to the progress of philanthro py and civilization. 2. The organizatio n of the whole judiciary department is changed, by the institution of subordinat e jurisdictio ns, the taking from the parliaments the cognizance of all causes of less value than twenty thousand lives, reducing their numbers to about a fourth, and suppressin g a number of special courts. Even this would be a great improveme nt, if it did not imply that the King is the only person in this nation who has any rights or any power. 3. The right of registering the laws is taken from the parliaments , and transferre d to a Plenary court, created by the King. This last is the. measure most obnoxious to all persons. Though the members are to be for life, yet a great proportion of them are from description s of men always candidates for the royal favor in other lines. As yet, the general consternati on has not sufficiently passed over, to say whether the matter will end here. I send you some papers, which indicate symptoms of resistance. These are, the resolution of the Noblesse of Brittany, the declaration of the Advocate General of Provence, which is said to express the spirit of that province; and the Arret of the Chatelet, which is the hustings court of the city of Paris. Their refusal to act under the new character assigned them, and the suspension of their principal functions, are very embarrassi ng. VOL. VII-2 18 Jefferson's Works The clamors this will excite, and the disorders it may admit, will be loud, and near to the royal ear and person. The parliamenta ry fragments permitted to remain, have already, some of them, refused, and probably all will refuse, to act under that form. The Assembly of the clergy, which happens to be sitting, have addressed the King to call the States General immediately . Of the Dukes and Peers (thirty-eig ht in number), nearly half are either minors or superannu ated; two-thirds of the acting part seem disposed to avoid taking a part; the rest, about eight or nine, have refused, by letters to the King, to act in the new courts. A proposition excited among the Dukes and Peers, to assemble and address the King for a modificatio n of the Plenary court, seems to show that the governmen t would be willing to compromise on that head. It has been prevented by the Dukes and Peers in opposition, because they suppose that no modificatio n to be made by the governmen t will give to that body the form they desire, which is that of a representa tive of the nation. They foresee that if the governmen t is forced to this, they will call them, as nearly as they can, in the ancient forms; in which case, less good will be to be expected from them. But they hope they may be got to concur in a declaration of rights, at least, so that the nation may be acknowledg ed to have some fundamenta l rights, not alterable by their ordinary legislature, and that this may form a groundwor k for future improveme nts. These seem to be the 19 Correspond ence views of the most enlightene d and disinterest ed characters of the opposition. But they may be frustrated by the nation's making no cry at all, or by a hasty and premature appeal to arms. There is neither head nor body in the nation to promise a successful opposition to two hundred thousand regular troops. Some think the army could not be depended on by the governmen t; but the breaking men to military discipline, is breaking their spirits to principles of passive obedience. A firm, but quiet opposition will be the most likely to succeed. Whatever turn this crisis takes, a revolution in their constitutio n seems inevitable, unless foreign war supervene, to suspend the present contest. And a foreign war they will avoid, if possible, from an inability to get money. The loan of one hundred and twenty millions, of the present year, is filled up by such subscriptio ns as may be relied on. But that of eighty millions, proposed for the next year, cannot be filled up in the actual situation of things. The Austrians have been successful in an attack upon Schabatz, intended as a preliminary to that of Belgrade. In that on Dubitza, another town in the neighborho od of Belgrade, they have been repulsed, and, as is suspected, with considerabl e loss. It is still supposed the Russian fleet will go into the Mediterran ean, though it will be much retarded by the refusal of the English governmen t, to permit its sailors to engage in the voyage. Sweden and Denmark are arming from eight to twelve ships of the 20 Jefferson's Works line each. The English and Dutch treaties you will find in the Leyden gazettes of May the 9th and 13th. That between England and Prussia is supposed to be stationary. Monsieur de St. Priest, the ambassador from this court to the Hague, has either gone, or is on the point of going. The Emperor of Morocco has declared war against England. I enclose you his orders in our favor on that occasion. England sends a squadron to the Mediterran ean for the protection of her commerce; and she is reinforcing her possession s in the two Indies. France is expecting the arrival of an embassy from Tippoo Saib, is sending some regiments to the West Indies, and a fleet of evolution into the Atlantic. Seven ships of the line and several frigates sailed from Cadiz on the 22nd of April, destined to perform evolutions off the western islands, as the Spaniards say,. but really to their American possession s, as is suspected. Thus the several powers are, by little and little, taking the position of war, without an immediate intention of waging it. But that the present ill humor will finally end in war, is doubted by nobody. In my letter of February 5th, I had the honor of informing you of the discontent produced by our Arret of December the 29th, among the merchants of this country, and of the deputation s from the chambers of commerce to the minister on that subject. The articles attacked were the privileges on the sale of our ships, and the entrepot for codfish. The former I knew to be valuable ; the latter I supposed Correspond ence 21 not so; because during the whole of the time we have had our free ports in this kingdom, we have never used them for the smuggling of fish. I concluded, therefore, the ports of entrepot would not be used for that purpose. I saw that the ministers would sacrifice something to quiet the merchants, and was glad to save the valuable article relative to our ships, by abandoning the useless one for our codfish. It was settled, therefore, in our conference s, that an Arret should be passed, abridging the former one only as to the entrepot of codfish. I was in Holland when the Arret came out; and did not get a copy of it till yesterday. Surprised to find that fish oil was thereby also excluded from the entrepot, I have been to-day to make some inquiry into the cause; and from what I can learn, I conclude it must have been a mere error in the clerk who formed the Arret, and:at it escaped attention on. its passage. The entrepot of whale oil was not objected to by a single deputy at the conference s, and the excluding it is contrary to the spirit of encourage ment the ministers have shown a disposition to give. I trust, therefore, I may get it altered on the first occasion which occurs, and I believe one will soon occur. In the meantime we do not store a single drop for reexportati on, as all which comes here is needed for the consumptio n of this country; which will alone, according to appearance s, become so considerabl e as to require all we can produce. By a letter of the 8th instant, from our bankers, 22 Jefferson's Works I learn that they had disposed of bonds enough to pay our June interest, and to replace the temporary advances made by Mr: Grand, and from a fund placed here by the State of Virginia. I have desired them, accordingl y, to replace these moneys, which had been lent for the moment only, and in confidence of immediate repayment. They add that the payment of the June interest and the news from America, will, as they trust, enable them to place the remaining bonds of the last year's million. I suppose, indeed, that there is no doubt of it, and that none would have been expressed, if those two houses could draw better together than they do. In the meantime, I hope the treasury board will send an order for so much as may be necessary for executing the purposes of Congress, as to our captives at Algiers. I send you herewith a Memoire of Monsieur Caseaux, whose name is familiar on the journals of Congress. He prepared it to be delivered to the King, but I believe he will think better, and not deliver it. The gazettes of France and Leyden accompany this. I have the honor to be, Sir, your most obedient, and most humble servant. P. S. May 27, 1788. I have kept my letter open to the moment of Mr. Warville's departure, (he being the bearer of it,) that I might add any new incidents that should occur. The refusal of the Chatelet and Grande Chambre of Paris to act in the new character assigned them, continues. Many of the grandes 23 Correspond ence bailliages accept, some conditionall y, some fully. This will facilitate greatly the measures of governmen t, and may possibly give them a favorable issue. The parliament of Thoulouse, considerin g the edicts as nullities, went on with their business. They have been exiled in consequenc e. Monsieur de St. Priest left Paris for the Hague, on the 23rd. I mention this fact, because it denotes the acquiescen ce of 'this government in the late revolution there. A second division of a Spanish fleet will put to sea soon. Its destination not declared. Sweden is arming to a greater extent than was at first supposed. From twelve to sixteen sail of the line are spoken of, on good grounds. Denmark, for her own security, must arm in proportion to this. TO JOHN BROWN. PARIS, May 26, 1788. DEAR SIR,-It was with great pleasure I saw your name on the roll of Delegates, but I did not know you had actually come on to New York, till Mr. Paradise informed me of it. Your removal from Carolina to Kentucky, was not an indifferent event to me. I wish to see that country in the hands of people well disposed, who know the value of the connection between that and the maritime States, and who wish to cultivate it. I consider their happiness as bound up together, and that every measure should be taken, which may draw the bands of union tighter. It will 24 Jefferson's Works be an efficacious one to receive them into Congress, as I perceive they are about to desire. If to this be added an honest and disinterest ed conduct in Congress, as to everything relating to them, we may hope for a perfect harmony. The navigation of the Mississippi was, perhaps, the strongest trial to which the justice of the federal governmen t could be put. If ever they thought wrong about it, I trust they have got to rights. I should think it proper for the western country to defer pushing their right to that navigation to extremity, as long as they can do without it tolerably; but that the moment it becomes absolutely necessary for them, it will become the duty of the maritime States to push it to every extremity, to which they would their own right of navigating the Chesapeake , the Delaware, the Hudson, or any other water. A time .of peace will not be the surest for obtaining this object. Those, therefore, who have influence in the new country, would act wisely to endeavor to keep things quiet till the western parts of Europe shall be engaged in war. Notwithsta nding the aversion of the courts of London and Versailles to war, it is not certain that some incident may not engage them in it. England, France, Spain, Russia, Sweden and Denmark will all have fleets at sea, or ready to put to sea immediately . Who can answer for the prudence of all their officers? War is their interest. Even their courts are pacific from impotence only, not from disposition. I wish to heaven that our new govern Correspond ence 25 ment may see the importance of putting themselves immediately into a respectable position. To make provision for the speedy payment of their foreign debts, will be the first operation necessary. This will give them credit. A concomitan t one should be magazines and manufactur es of arms. This country is at present in a crisis of very uncertain issue. I am in hopes it will be a favorable one to the rights and happiness of the people; and that this will take place quietly. Small changes in the late regulations will render them wholly good. The campaign opens between the Turks and the two empires, with an aspect rather favorable to the former. The Russians seem not yet thawed from the winter's torpitude. They have no army yet in motion; and the Emperor has been worsted in two-thirds of the small actions which they have had as yet. He is said to be rather retiring. I do not think, however, that the success of the Turks in the partisan affairs which have taken place, can authorize us to presume that they will be superior also in great decisions. Their want of discipline and skill in military manoeuvre s, is of little consequenc e in small engagemen ts, and of great in larger ones. Their grand army was at Adrianople by the last accounts, and to get from thence to Belgrade, will require a month. It will be that time at least, then, before we can have any very interesting news from them. In the meantime the plague rages at Constantin ople to a terrible degree. I cannot think but that it would be desir 26 Jefferson's Works able to all commercial nations, to have that nation and all its dependenci es driven from the sea-coast into the interior parts of Asia and Africa. What a field would thus be restored to commerce! The finest parts of the old world are now dead, in a great degree, to commerce, to arts, to science and to society. Greece, Syria, Egypt and the northern coast of Africa, constituted the whole world almost, for the Romans, and to us they are scarcely known, scarcely accessible at all. The present summer will enable us to judge what turn this contest will take. I am greatly anxious to hear that nine States accept our new constitutio n. We must be contented to accept of its good, and to cure what is evil in it hereafter. It seems necessary for our happiness at home; I am sure it is so for our respectabil ity abroad. I shall, at all times, be glad to hear from you, from New York, from Kentucky, or whatever region of the earth you inhabit; being with sentiments of very sincere esteem and attachment, dear Sir, your friend and servant. TO WILLIAM CARMICHAE L. PARIS, May 27, 1788. DEAR SIR,-Your favors of April the 14th and 29th, and May the 8th, have lately come to hand. That of January the 29th, by Monsieur de Molinedo, had been left here during my absence on a journey to Amsterdam. That gentleman had gone, as I pre 27 Correspond ence sume, before my return, from my being unable to learn anything of him. * * * * * * * * * With respect to the Isthmus of Panama, I am assured by Burgoyne, (who would not choose to be named, however,) that a survey was made, that a canal appeared very practicable , and that the idea was suppressed for political reasons altogether. He has seen and minutely examined the report. This report is to me a vast desideratu m, for reasons political and philosophic al. I cannot help suspecting the Spanish squadron to be gone to South America, and that some disturbanc es have been excited there by the British. The court of Madrid may suppose we would not see this with an unwilling eye. This may be true as to the uninformed part of our people; but those who look into futurity farther than the present moment or age, and who combine well what is, with what is to be, must see that our interests, well understood , and our wishes are, that Spain shall (not forever, but) very long retain her possession s in that quarter; and that her views and ours must, in a good degree, and for a long time, concur. It is said in our gazettes, that the Spaniards have sunk one of our boats on the Mississippi, and that our people retaliated on one of theirs. But my letters not mentioning this fact has made me hope it is not true, in which hope your letter confirms me. There are now one hundred thousand inhabitants in Kentucky. They have accepted the offer of independen ce, on 28 Jefferson's Works the terms proposed by Virginia, and they have decided that their independen t governmen t shall begin on the first day of the next year. In the meantime, they claim admittance into Congress. Georgia has ceded her western territory to the United States, to take place with the commencem ent of the new federal governmen t. I do not know the boundaries . There has been some dispute of etiquette with the new French minister, which has disgusted him. The following is a state of the progress and prospects of the new plan of governmen t. * * * The conduct of Massachuse tts has been noble. She accepted the constitutio n, but voted that it should stand as a perpetual instruction to her Delegates, to endeavor to obtain such and such reformation s; and the minority, though very strong both in numbers and abilities, declared viritim and seriatim, that acknowledg ing the principle that the majority must give the law, they would now support the new constitutio n with their tongues, and with their blood, if necessary. I was much pleased with many and essential parts of this instrument, from the beginning. But I thought I saw in it many faults, great and small. What I have read and reflected has brought me over from several of my objections of the first moment, and to acquiesce under some others. Two only remain, of essential considerati on, to wit, the want of a bill of rights, and the expunging the principle of necessary rotation in the offices of Pres 29 Correspond ence ident and Senator. At first, I wished that when nine States should have accepted the constitutio n, so as to insure us what is good in it, the other four might hold off till the want of the bill of rights, at least, might be supplied. But I am now convinced that the plan of Massachuse tts is the best, that is, to accept, and to amend afterwards. If the States which were to decide after her, should all do the same, it is impossible but they must obtain the essential amendment s. It will be more difficult, if we lose this instrument, to recover what is good in it, than to correct what is bad, after we shall have adopted it. It has, therefore, my hearty prayers, and I wait with anxiety for news of the votes of Maryland, South Carolina, and Virginia. There is no doubt that General Washington will accept the presidents hip; though he is silent on the subject. He would not be chosen to the Virginia convention. A riot has taken place in New York, which I will state to you from an eye witness. It has long been a practice with the surgeons of that city, to steal from the grave bodies recently buried. A citizen had lost his wife: he went the first or second evening after her burial, to pay 'a visit to her grave. He found that it had been disturbed, and suspected from what quarter. He found means to be admitted to the anatomical lecture of that day, and on his entering the room, saw the body of his wife, naked and under dissection. He raised the people immediately . The body, in the meantime, was secreted. They entered 30 Jefferson's Works into, and searched the houses of the physicians whom they most suspected, but found nothing. One of them, however, more guilty or more timid than the rest, took asylum in the prison. The mob considered this an acknowledg ment of guilt. They attacked the prison. The Governor ordered militia to protect the culprit, and suppress the mob. The militia, thinking the mob had just provocatio n, refused to turn out. Hereupon the people of more reflection, thinking it more dangerous that even a guilty person should be punished without the forms of law, than that he should escape, armed themselves, and went to protect the physician. They were received by the mob with a volley of stones; which wounded several of them. They hereupon fired on the mob, and killed four. By this time, they received a reinforcem ent of other citizens of the militia horse, the appearance of which, in the critical moment, dispersed the mob. So ended this chapter of history, which I have detailed to you, because it may be represente d as a political riot, when politics had nothing to do with it. Mr. Jay and Baron Steuben were both grievously wounded in the head by stones. The former still kept his bed, and the latter his room, when the packet sailed, which was the 24th of April. I am, with sentiments of great esteem and respect, dear Sir, your most obedient, and most humble servant. 31 Correspond ence TO JOHN JAY. (Private.) PARIS, May 27, 1788. DEAR SIR,-The change which is likely to take place in the form of our governmen t, seems to render it proper that during the existence of the present governmen t, an article should be mentioned which concerns me personally. Uncertain, however, how far Congress may have decided to do business when. so near the close of their administrat ion; less capable than those on the spot of foreseeing the character of the new governmen t; and not fully confiding in my own judgment, where it is so liable to be seduced by feeling, I take the liberty of asking your friendly counsel and that of my friend Mr. Madison, and of referring the matter to your judgments and discretion. Mr. Barclay, when in Europe, was authorized to settle all the European accounts of the United States: he settled those of Dr. Franklin and Mr. Adams, and it was intended between us, that he should settle mine. But as what may be done at any time is often put off to the last, this settlement had been made to give way to others, and that of Beaumarch ais being pressed on Mr. Barclay before his departure to Morocco, and having long retarded his departure, it was agreed that my affair should await his return from that mission; you know the circumstan ces which prevented his return to Paris after that mission was finished. My account is, therefore, unsettled, but I 32 Jefferson's Works have no anxiety on any article of it, except one, that is, the outfit. This consists of 1, clothes; 2, carriage and horses; 3, household furniture. When Congress made their first appointmen ts of ministers to be resident in Europe, I have understood (for I was not then in Congress) that they allowed them all their expenses, and a fixed sum over and above for their time. Among their expenses, was necessarily · understood their outfit. Afterwards , they thought proper to give them fixed salaries of eleven thousand one hundred and eleven dollars and one ninth, a year; and again, by a resolution of May the 6th and 8th, 1784, the "salaries" of their ministers at foreign courts were reduced to nine thousand dollars, to take place on the 1st of August ensuing. On the 7th of May, I was appointed, in addition to Mr. Adams and Dr. Franklin, for the negotiation of treaties of commerce; but this appointment being temporary, for two years only, and not as of a resident minister, the article of outfit did not come into question. I asked an advance of six months' salary, that I might be in cash to meet the first expenses; which was ordered. The year following, I was appointed to succeed Dr. Franklin at this court. This was the first appointmen t of a minister resident, since the original ones, under which all expenses were to be paid. So much of the ancient regulation, as respected annual expenses had been altered to a sum certain; so much of it, as respected first expenses, or outfit, remained unaltered; and I might, there Correspond ence 33 fore, expect, that the actual expenses for outfit were to be paid. When I prepared my account for settlement with Mr. Barclay, I began a detail of the articles of clothing, carriage, horses, and household furniture. I found that they were numerous, minute, and incapable, from their nature, of being vouched; and often entered in my memorandu m book under a general head only, so that I could not specify them. I found they would exceed a year's salary. Supposing, therefore, that mine being the first case, Congress would make a precedent of it, and prefer a sum fixed for the outfit as well as the salary, I have charged it in my account at a year's salary; presuming there can be no question that an outfit is a reasonable charge. It is the usage here (and I suppose at all courts), that a minister resident, shall establish his house in the first instant. If this is to be done out of his salary, he will be a twelvemont h, at least, without a copper to live on. It is the universal practice, therefore, of all nations, to allow the outfit as a separate article from the salary. I have inquired here into the usual amount of it. I find that, sometimes, the sovereign pays the actual cost. This is particularl y the case of the Sardinian Ambassado r now coming here, who is to provide a service of plate, and every article of furniture and other matters of first expense, to be paid for by his court. In other instances, they give a service of plate, and a fixed sum for all other articles, which fixed sum is in no case lower than a year's salary. VOL. VII-3 34 Jefferson's Works I desire no service of plate, having no ambition for splendor. My furniture, carriage and apparel, are all plain, yet they have cost me more than a year's salary. I suppose that in every country and in every condition of life, a year's expense would be found a moderate measure for the furniture of a man's house. It is not more certain to me, that the sun will rise to-morrow, than that our governmen t must allow the outfit, on their future appointmen t of foreign ministers; and it would be hard on me, so to stand between the discontinua nce of a former rule, and institution of a future one, as to have the benefit of neither. I know, I have so long known the character of our federal head, in its present form, that I have the most unlimited confidence in the justice of its decisions. I think I am so far known to many of the present Congress, as that I may be cleared of all views of making money out of any public employment , or desiring anything beyond actual and decent expenses, proportion ed to the station in which they have been pleased to place me, and to the respect they would wish to see attached to it. It would seem right, that they should decide the claims of those who have acted under their administrat ion, and their pretermissi on of any article, might amount to a disallowanc e of it, in the opinion of the new governmen t. It would be painful to me, to meet .that governmen t with a claim under this kind of cloud, and to pass it in review before their several Houses of legislation, and boards of administrat ion, Correspond ence 35 to whom I shall be unknown; and, being for money actually expended, it would be too inconvenie nt to me to relinquish it in silence. I anxiously ask it, therefore, to be decided on by Congress before they go out of office, if it be not out of the line of proceeding they may have chalked out for themselves. If it be against their inclination to determine it, would it be agreeable to them to refer it to the new governmen t, by some resolution, which should show they have not meant to disallow it, by passing it over? Not knowing the circumstan ces under which Congress may exist and act at the moment you shall receive this, I am unable to judge what should be done on this subject. It is therefore that I ask the aid of your friendship and that of Mr. Madison, that you will do for me in this regard, what you think it is right should be done, and what it would be right for me to do, were I on the spot, or were I apprised of all existing circumstan ces. Indeed, were you two to think my claim an improper one, I would wish it to be suppressed , as I have so much confidence in your judgment, that I should suspect my own in any case, where it varied from yours, and more especially, in one where it is liable to be warped by feeling. Give me leave, then, to ask your consultatio n with Mr. Madison on this subject; and to assure you that whatever you are so good as to do herein, will be perfectly approved, and considered as a great obligation conferred on him, who has the honor to be, with sentiments of the most perfect esteem and attachment, dear Sir, your friend and servant. 36 Jefferson's Works TO COLONEL CARRINGTO N. PARIS, May 27, 1788. DEAR SIR,-I have received with great pleasure your friendly letter of April 24th. It has come to hand after I had written my letters for the present conveyance , and just in time to add this to them. I learn with great pleasure the progress of the new Constitutio n. Indeed I have presumed it would gain on the public mind, as I confess it has on my own. At first, though I saw that the great mass and groundwor k was good, I disliked many appendage s. Reflection and discussion have cleared off most of these. You have satisfied me as to the query I had put to you about the right of direct taxation. My first wish was that nine States would adopt it in order to ensure what was good in it, and that the others might, by holding off, produce the necessary amendment s. But the plan of Massachuse tts is far preferable, and will, I hope, be followed by those who are yet to decide. There are two amendment s only which I am anxious for: I. A bill of rights, which it is so much the interest of all to have, that I conceive it must be yielded. The 1st amendment proposed by Massachuse tts will in some degree answer this end, but not so well. It will do too much in some instances, and too little in others. It will cripple the Federal Governmen t in some cases where it ought to be free, and not restrain in some others where restraint would be right. The 2d Correspond ence 37 amendment which appears to me essential is the restoring the principle of necessary rotation, particularl y to the Senate and Presidency : but most of all to the last. Re-eligibili ty makes him an officer for life, and the disasters inseparable from an elective monarchy, render it preferable if we cannot tread back that step, that we should go forward and take refuge in an hereditary one. Of the correction of this article, however, I entertain no present hope, because I find it has scarcely excited an objection in America. And if it does not take place erelong, it assuredly never will. The natural progress of things is for liberty to yield and governmen t to gain ground. As yet our spirits are free. Our jealousy is only put to sleep by the unlimited confidence we all repose in the person to whom we all look as our president. After him inferior characters may perhaps succeed, and awaken us to the danger which his merit has led us into. For the present, however, the general adoption is to be prayed for, and I wait with great anxiety for the news from Maryland and South Carolina, which have decided before this, and with that Virginia, now in session, may give the ninth vote of approbatio n. There could then be no doubt of North Carolina, New York, and New Hampshire. But what do you propose to do with Rhode Island as long as there is hope we should give her time? I cannot conceive but that she will come to rights in the long run. Force, in whatever form, would be a dangerous precedent. 38 Jefferson's Works ' There are rumors that the Austrian army is obliged to retire a little; that the Spanish squadron is gone to South America; that the English have excited a rebellion there; and some others equally unauthenti cated. I do not mention them in my letter to Mr. Jay, because they are unauthenti cated. The bankruptci es in London have re-commen ced with new force. There is no saying where this fire will end, perhaps in the general conflagrati on of all their paper. If not now, it must erelong. With only twenty millions of coin, and three or four hundred millions of circulating paper, public and private, nothing is necessary but a general panic, produced either by failures, invasion, or any other cause, and the whole visionary fabric vanishes into air, and shows that paper is poverty, that it is only the ghost of money, and not money itself. One hundred years ago, they had twenty odd millions of coin. Since that they have brought in from Holland by borrowing forty millions more, yet they have but twenty millions left, and they talk of being rich, and of having the balance of trade in their favor. Paul Jones is invited into the Empress' service, with the rank of Rear Admiral, and to have a separate command. I wish it correspond ed with the views of Congress to give him that rank from the taking of the Serapis. I look to this officer as our great future dependenc e on the sea, where alone we should think of ever having a force. He is young enough to see the day when we shall be more populous than the whole British domin Correspond ence 39 ions, and able to fight them ship to ship. We should procure him, then, every possible opportunit y of acquiring experience. I have the honor to be, with sentiments of the most perfect esteem, dear Sir, your friend and servant. TO JAMES MADISON(1) PARIS, May 28, 1788. DEAR SIR,-The enclosed letter for Mr. Jay, being of a private nature, I have thought it better to put it under your cover, lest it might be opened by some of his clerks, in the case of his absence. But I enclose a press copy of it for yourself, as you will perceive the subject of it referred to you, as well as to him. I ask your aid in it so far as you think right, and to have done what you think right. If you will now be so good as to cast your eye over the copy enclosed, what follows the present sentence, will be some details, supplement ary to that only, necessary for your information , but not proper for me to state to Mr. Jay. 378,227,124 7. though appointed a minister resident at the court of 514. he never was 663. in that character. He was continually passing from 1042. to 514. and 514. to 1042. so that he had no occasion (1)It will be seen that a few words of this letter are in cypher. It is published, however, as written, because enough of it is literal to interest the reader, to whom also, a specimen of the cypher used by the Author, may not be unacceptab le. 40 Jefferson's Works to establish a household at either. Accordingl y, he stayed principally in furnished lodgings. Of all our ministers, he had the least occasion for an outfit, and I suppose, spent almost nothing on that article. He was of a disposition, too, to restrain himself within any limits of expense whatever, and it suited his recluse turn, which is, to avoid society. Should he judge of what others should do, by what he did, it would be an improper criterion. He was in Europe as a voyageur only, and it was while the salary was five hundred guineas more than at present. 145.1267.10 46.7. he came over when, instead of outfit and salary, all expenses were paid. Of rigorous honesty, and careless of appearance s, he lived for a considerabl e time, as an economical private individual. After he was fixed at 812.141. and the salary at a sum certain, he continued his economical style, till out of the difference between his expenses and his salary, he could purchase furniture for his house. This was the easier, as the salary was at two thousand five hundred guineas then. He was obliged too, to be passing between 1042. and 812.141. so as to avoid any regular current of expenses. When he established himself, his pecuniary affairs were under the direction of 964.814.7.10 1.994. one of the most estimable characters on earth, and the most attentive and honorable economists. Neither had a wish to lay up a copper, but both wished to make both ends meet. I suspected, however, from an expression dropped in conversatio n, that they were 41 Correspond ence not able to do this, and that a deficit in their accounts appeared in their winding up. If this conjecture be true, it is a proof that the salary, so far from admitting savings, is unequal to a very plain style of life; for such was theirs. I presume Congress will be asked to allow it, and it is evident to me, from what I saw while in 1093. that it ought to be done, as they did not expend a shilling which should have been avoided. Would it be more eligible to set the example of making good a deficit, or to give him an outfit, which will cover it? The impossibilit y of living on the sum allowed, respectabl y, was the true cause of his insisting on his recall. 821. 267.1292. He came over while all expenses were paid. He rented a house with standing furiture, such as tables, chairs, presses, etc., and bought all other necessaries . The latter were charged in his account, the former was included in the article of house-rent , and paid during the whole time of his stay here; and as the established rate of hire for furniture, is from thirty to forty per cent. per annum, the standing furniture must have been paid for three times over, during the eight years he stayed here. His salary was two thousand five hundred guineas. When Congress reduced it to less than two thousand, he refused to accede to it, asked his recall, and insisted that whenever they chose to alter the conditions on which he came out, if he did not approve of it, they ought to replace him in America on the old conditions. He lived plainly, but as Jefferson's Works 42 decently as his salary would allow. He saved nothing, but avoided debt. He knew he could not do this on the reduced salary, and therefore asked his recall with decision. To 935.145. succeeded. He had established a certain style of living. The same was expected from 1214. and there were five hundred guineas a year less, to do it on. It has been aimed at, however, as far as was practicable . This rendered it constantly necessary to step neither to the right nor to the left, to incur any expense which could possibly be avoided, and it called for an almost womanly attention to the details of the household, equally perplexing, disgusting, and inconsisten t with business. You will be sensible, that in this situation, no savings could be made for reimbursin g the half year's salary, ordered to be advanced under the former commission, and more than as much again, which was unavoidabl y so applied without order, for the purchase of the outfit. The reason of the thing, the usage of all nations, the usage of our own, by paying all expenses of preceding ministers, which gave them the outfit, as far as their circumstan ces appeared to them to render it necessary, have made me take for granted all along, that it would not be refused to me; nor should I have mentioned it now, but that the administrat ion is passing into other hands, and more complicated forms. It would be disagreeabl e to me, to be presented to them in the first instance, as a suitor. Men come into business Correspond ence 43 at first, with visionary principles. It is practice alone, which can correct and conform them to the actual current of affairs. In the meantime, those to whom their errors were first applied, have been their victims. The governmen t may take up the project of appointing foreign ministers without outfits, and they may ruin two or three individuals , before they find that article is just as indispensa ble as the salary. They must then fall into the current of general usage, which has become general, only because experience has established its necessity. Upon the whole, be so good as to reflect on it, and to do, not what your friendship to me, but your opinion of what is right shall dictate. Accept, in all cases, assurances of the sincere esteem and respect with which I am, dear Sir, your friend and servant. TO PETER CARR. PARIS, May 28, 1788. DEAR PETER,-Th e preceding letter(1) was written at its date, and I supposed you in possession of it, when your letters of December the 10th, 1787, and March the 18th, 1788, told me otherwise. Still, I supposed it on its way to you, when a few days ago, having occasion to look among some papers in the drawer, where my letters are usually put away, till an opportunit y of sending them occurs, I found that this letter had slipped among them, so that it had (1)For the letter referred to, see ante, vol. VI. p. 256. 44 Jefferson's Works never been forwarded. I am sorry for it, on account of the remarks relative to the Spanish language only. Apply to that, with all the assiduity you can. That language and the English covering nearly the whole face of America, they should be well known to every inhabitant, who means to look beyond the limits of his farm. I like well the distributio n of your time, mentioned in your letter of March the I 8th; and the counsels of Mr. Wythe, so kindly extended to you, leave it necessary for me to add nothing of that kind: Be assiduous in learning, take much exercise for your health, and practice much virtue. Health, learning and virtue, will insure your happiness; they will give you a quiet conscience, private esteem and public honor. Beyond these, we want nothing but physical necessaries , and they are easily obtained. My daughters are well, and join me in love to yourself, your mother, brothers and sisters. I am, with very sincere esteem, dear Peter, your affectionat e friend. TO THE COMTE DE BERNSTORF F. PARIS, June 19, 1788. I had the honor of addressing your Excellency, by Admiral Paul Jones, on the 21st of January, on the subject of the prizes taken under his command during the late war, and sent into Bergen. I communicat ed, at the same time, a copy of the powers which the Congress o£ the United States of America Correspond ence 45 had been pleased to confide to me therein, having previously shown the original to the Baron Blome, envoy extraordina ry of his Majesty, the King of Denmark, at this court; and I furnished, at the same time, to Admiral Paul Jones, such authority as I was empowered to delegate, for the arrangeme nt of this affair. That officer has transmitted me a copy of your Excellency' s letter to him, of the 4th of April, wherein you are pleased to observe, that the want of full powers on his part was an invincible obstacle to the definitive discussion of this claim with him, and to express your disposition s to institute a settlement at this place. Always assured of the justice and honor of the court of Denmark, and encouraged by the particular readiness of your Excellency to settle and remove this difficulty from between the two nations, I take the liberty of recalling your attention to it. The place of negotiation proposed by your Excellency, meets no objection from us, and it removes, at the same time, that which the want of full powers in Admiral Paul Jones, had produced in your mind. These full powers, Congress have been pleased to honor me with. The arrangeme nt taken between. the person to be charged with your full powers, and myself, will be final and conclusive. You are pleased to express a willingness to treat at the same time, on the subjects of amity and commerce. The powers formerly communicat ed on our part, were given to Mr. Adams, Dr. Franklin, and myself, for a limited term only. That Jefferson's Works 46 term has expired, and the other two gentlemen returned to America; so that no person is commission ed at this moment, to renew those conference s. I may safely, however, assure your Excellency, that the same friendly disposition s still continue, and the same desire of facilitating and encouragin g a commerce between the two nations, which produced the former appointmen t. But our nation is, at this time, proposing a change in the organizatio n of its governmen t. For this change to be agreed to by all the members of the Union, the new administrat ion chosen and brought into activity, their domestic matters arranged, which will require their first attention, their foreign system afterwards decided on and carried into full execution, will require very considerabl e length of time. To place under the same delay, the private claims which I have the honor to present to your Excellency, would be hard on the persons interested; because these claims have no connection with the system of commercial connection, which may be established between the two nations, nor with the particular form of our administrat ion. The justice due to them is complete, and the present administrat ion as competent to final settlement as any future one will be, should a future change take place. These individuals have already lingered nine years, in expectation of their hard and perilous earnings. Time lessens their numbers continually , disperses their representa tives, weakens the evidence of their right, and renders more and Correspond ence 47 more impracticab le, his majesty's disposition s to repair the private injury, to which public circumstan ces constraine d him. These considerati ons, the just and honorable intentions of your Excellency, and the assurances you give us in your letter, that no delay is wished on your part, give me strong hopes that we may speedily obtain that final arrangeme nt, which express instruction s render it my duty to urge. I have the honor, therefore, of agreeing with your Excellency, that the settlement of this matter, formerly begun at Paris, shall be continued there; and to ask that you will be pleased to give powers and instruction s for this purpose, to such persons as you shall think proper, and in such full form as may prevent those delays, to which the distance between Copenhage n and Paris might otherwise expose us. I have the honor to be, with sentiments of the most profound respect, your Excellency' s most obedient, and most humble servant. TO MR. THOMAS DIGGES. PARIS, June 19, 1788. SIR,-I have duly received your favor of May 12, as well as that of the person who desires information on the state of cotton manufactur es in America, and for his interest and safety I beg leave to address to you the answer to his queries. In general, it is impossible that manufactur es should succeed in America, from the high price of Jefferson's Works 48 labor. This is occasioned by the great demand of labor for agriculture . A manufactur er going from Europe will turn to labor of other kinds if he finds more to be got by it, and he finds some employment so profitable, that he can soon lay up money enough to buy fifty acres of land, to the culture of which he is irresistibly tempted by the independen ce in which that places him, and the desire of having a wife and family around him. If any manufactur es can succeed there, it will be that of cotton. I must observe for his information that this plant grows nowhere in the United States northward of the Potomac, and not in quantity till you get southward as far as York and James Rivers. I know nothing of the manufactur e which is said to be set up at Richmond. It must have taken place since 1783, when I left Virginia. In that State (for it is the only one I am enabled to speak of with certainty) there is no manufactur e of wire or of cotton cards; or if any, it is not worth notice. No manufactur e of stocking-w eaving, consequent ly none for making the machine; none of cotton clothing of any kind whatever for sale; though in almost every family some is manufactur ed for the use of the family, which is always good in quality, and often tolerably fine. In the same way they make excellent stockings of cotton, weaving it in like manner, carried on principally in the family way: among the poor, the wife weaves generally; and the rich either have a weaver among their servants or employ their poor neighbors. Cotton cost in Virginia Correspond ence 49 from 12d. to 18d. sterling the pound before the war, probably it is a little raised since. Richmond is as good a place for a manufactor y as any in that State, and perhaps the best as to its resources for this business. Cotton clothing is very much the taste of the country. A manufactur er, on his landing, should apply to the well-inform ed farmers and gentlemen of the country. Their information will be more disinterest ed than that of merchants, and they can better put him into the way of disposing of his workmen in the cheapest manner till he has time to look about him and decide how and where he will establish himself. Such is the hospitality in that country, and their disposition to assist strangers, that he may boldly go to any good house he sees, and make the inquiry he needs. He will be sure to be kindly received, honestly informed, and accommodat ed in an hospitable way, without any other introductio n than an information who he is and what are his views. It is not the policy of the governmen t in that country to give any aid to works of any kind. They let things take their natural course without help or impediment , which is generally the best policy. More particularl y as to myself, I must say that I have not the authority nor the means of assisting any persons in their passage to that country. I have the honor to be, with sentiments of perfect esteem, Sir, your most obedient, and most humble servant. VOL.. VII-4 Jefferson's Works 50 TO MR. RUTLEDGE. PARIS, January 19, 1788, DEAR SIR,-Havin g omitted to ask you how I should address letters to you, I am obliged to put the present under cover to Mr. Shippen, to the care of his banker at Amsterdam. Enclosed you will receive a letter lately come to my hands, as also such notes as I have been able to scribble very hastily and undigested . I am ashamed of them; but I will pay willingly that price, if they may, on a single occasion, be useful to you. I will at some future moment find time to write the letters for Frankfort, Florence, Milan, Nice and Marseilles, which those notes will point out, and lodge them on your route, if you will be so good as to keep me always informed how and where I must send letters to you. I would suggest an alteration in the route I had proposed to you; that is, to descend the Danube from Vienna, so as to go to Constantin ople, and from thence to Naples and up Italy. This must depend on your time, and the information you may be able to get as to the safety with which you may pass through the Otto-man territories. It is believed the Emperor is making overtures for peace. Should this take place it would lessen the difficulties of such a tour. In the meantime, this gleam of peace is counterbal anced by the warlike preparatio ns of Sweden and Denmark, known to be made under the suggestion s of the Court of London. In this country there is great internal Correspond ence 51 ferment. I am of opinion the new regulations will be maintained. Perhaps the Cour plénière may be amended in its composition , and the States General called at an earlier period than was intended. We have no accounts yet of the decision of Maryland, South Carolina, or Virginia on the subject of the new Constitutio n. Yet it seems probable they will accept it in the same manner Massachuse tts has done; and I see nothing improbable in the supposition that our new governmen t may be in motion by the beginning of November. I must press on you, my dear Sir, a very particular attention to the climate and culture of the olive tree. This is the most interesting plant in existence for South Carolina and Georgia. You will see in various places that it gives being to whole villages in places where there is not soil enough to subsist a family by the means of any other culture. But consider it as the means of bettering the condition of your slaves in South Carolina. See in the poorer parts of France and Italy what a number of vegetables are rendered eatable by the aid of a little oil, which would otherwise be useless. Remark very particularl y the northern limits of this tree, and whether it exists by the help of shelter from the mountains, etc. I know this is the case in France. I wish to know where the northern limit of this plant crosses the Apennines; where it crosses the Adriatic and the Archipelag o, and if possible what course it takes through Asia. The fig, the dried raisin, the pastiche, the date, the caper, are all very interesting Jefferson's Works 52 objects for your study. Should you not in your passage through countries where they are cultivated inform yourself of their hardiness, their culture, the manner of transportin g, etc., you might hereafter much repent it. Both then and now I hope you will excuse me for suggesting them to your attention; not omitting the article of rice also, of which you will see species different from your own. I beg you to make use of me on all possible occasions and in all the ways in which I can serve you, not omitting that of money, should any disappoint ment take place in your own arrangeme nts. Mr. Berard's money was paid to Bayoker & Co. as you desired. I have the honor to be, with very great esteem, dear Sir, your most obedient, and most humble servant. TO T. LEE SHIPPEN, ESQ. PARIS, June 19, 1788. DEAR SIR,-I have been honored with your favor of May 20, and take the first possible moment of acknowledg ing it, and of enclosing such notes as my recollection has suggested to me might be of service to you on your route. They have been scribbled so hastily and so informally that I would not send them, did not a desire of accommodat ing yourself and Mr. Rutledge get the better of my self-love. You will have seen in the Leyden gazette the principal articles of intelligence received from America since you left us, and which I have furnished to Mr. Dumas for that Correspond ence 53 paper. The account of the riot in New York was given me by Mr. Paradise, who was there at the time, and who with his lady is now here. You may, perhaps, meet them at Venice. Mr. Jay and Baron Steuben were wounded with stones in that riot. General Washington writes me word he thinks Virginia will accept of the new Constitutio n. It appears to me, in fact, from all information , that its rejection would drive the States to despair and bring on events which cannot be foreseen; and that its adoption is become absolutely necessary. It will be easier to get the assent of nine States to correct what is wrong in the way pointed. out by the Constitutio n itself, than to get thirteen to concur in a new convention and another- plan of confederati on. I therefore sincerely pray that the remaining States may accept it, as Massachuse tts has done, with standing instruction s to their delegates to press for amendment s till they are obtained. They cannot fail of being obtained when the delegates of eight States shall be under such perpetual instruction s. The American newspaper s say that the Spaniards have sunk one of our boats on the Mississippi, and we one of theirs, by way of reprisal. The silence of my letters on the subject makes me hope it is not true. Be so good as to keep me constantly furnished with your address. I will take the first moment I can to write letters for you to Baron Leimer for Frankfort, Febroni at Florence, the Count del Verme and Clerici at Milan Sasserns at Nice, Cathalan at Marseilles, which at this Jefferson's Works 54 time it is impossible for me to do. I beg you to make on all occasions all the use of me of which I am susceptible , and in any way in which your occasions may require, and to be assured of the sentiments of sincere esteem and attachment with which I have the honor to be, dear Sir, your most obedient, and most humble servant. TO THE COUNT DE MONTMORIN . PARIS, June 20, 1788. SIR,-Havin g had the honor of mentioning to your Excellency the wish of Congress that certain changes should be made in. the articles for a consular convention, which had been sent to them, I have now that, conformabl y to the desire you expressed, of giving a general idea of the alterations to be proposed. The fourth article gives to the consuls the immunities of the law of nations. It has been understood , however, that the laws of France do not admit of this; and that it might be desirable to expunge this article. In this we are ready to concur, as in every .other case where an article might call for changes in the established laws, either inconvenie nt or disagreeabl e. After establishin g in favor of consuls, the general immunities of the law of nations, one consequenc e of which would have been, that they could not have been called upon to give testimony in courts of justice, the fifth article requires that after the observ Correspond ence 55 ance of certain formalities, which imply very high respect, they shall make a declaration ; but in their own houses [chez eux] as may be pretended, if not justly inferred, from the expression s in the articles. But our laws require, indispensa bly, a personal examination of witnesses in the presence of the parties, of their counsel, the jury and judges, each of whom has a right to ask of them all questions pertinent to the fact. The first and highest officers of our governmen t are obliged to appear personally to the order of a court to give evidence. The court takes care that they are treated with respect. It is proposed, therefore, to omit this article for these particular reasons, as well as for the general one, that the fourth being expunged, this, which was but an exception to that, falls of course. The seventh, eighth, tenth and fourteenth articles extend their preeminenc es far beyond those which the laws of nations would have given. These articles require that the declaration s made in the presence of consuls, and certified by them, shall be received in evidence in all courts whatever; and in some instances give to their certificates a credibility which excludes all other testimony. The cases are rare in which our laws admit written evidence of facts; and such evidence, when admitted, must have been given in the presence of both parties, and must contain the answers to all the pertinent questions which they may have desired to ask of the witness; and to no evidence, of whatever nature, written or oral, do our Jefferson's Works 56 laws give so high credit, as to exclude all counterpro of. These principles are of such ancient foundation in our system of jurisprude nce, and are so much valued and venerated by our citizens, that perhaps it would be impossible to execute articles which should contravene them, nor is it imagined that these stipulation s can be so interesting to this country, as to balance the inconvenie nce and hazard of such an innovation with us. Perhaps it might be found, that the laws of both countries require a modificatio n of this article; as it is inconceiva ble that the certificate of an American consul in France could be permitted by one of its courts to establish a fact, the falsehood of which should be notorious to the court itself. The eighth article gives to the consuls of either nation a jurisdictio n, in certain cases, over foreigners of any other. On a dispute arising in France, between an American and a Spaniard or an Englishman , it would not be fair to abandon the Spaniard or Englishman to an American consul. On the contrary, the territorial judge, as neutral, would seem to be the most impartial. Probably, therefore, it will be thought convenient for both parties to correct this stipulation. A dispute arising between two subjects of France, the one being in France, and the other in the United States, the regular tribunals of France would seem entitled to a preference of jurisdictio n. Yet the twelfth article gives it to their consul in America: Correspond ence 57 and to the consul of the United States in France, in a like case between their citizens. The power given by the tenth article, of arresting and sending back a vessel, its captain, and crew, is a very great one indeed, and, in our opinion, more safely lodged with the territorial judge. We would ourselves trust the tribunals of France to decide when there is just cause for so high-hande d an act of authority over the persons and property of so many of our citizens, to all of whom these tribunals will stand in a neutral and impartial relation, rather than any single person whom we may appoint as consul, who will seldom be learned in the laws, and often susceptible of influence from private interest and personal pique. With us, application s for the arrest of vessels, and of their masters, are made to the admiralty courts. These are composed of the most learned and virtuous characters of the several States, and the maritime law common to all nations, is the rule of their proceeding s. The exercise of foreign jurisdictio n, within the pale of their own laws, in a very high case, and wherein those laws have made honorable provisions, would be a phenomeno n never yet seen in our country, and which would be seen with great jealousy and uneasiness. On the contrary, to leave this power with the territorial judge, will inspire confidence and friendship, and be really, at the same time, more secure against abuse. The power of arresting deserted seamen seems necessary for the purposes of navigation and 58 Jefferson's Works commerce, and will be more attentively and effectually exercised by the consul, than by the territorial judge. To this part of the tenth article, therefore, as well as to that which requires the territorial judge to assist the consul in the exercise of this function, we can accede. But the extension of the like power to passengers , seems not necessary for the purposes either of navigation or commerce. It does not come, therefore, within the functions of the consul, whose institution is for those two objects only, nor within the powers of commission er, authorized to treat and conclude a convention, solely for regulating the powers, privileges, and duties of consuls. The arrest and detention of passengers , moreover, would often be in contradicti on to our bills of rights, which being fundamenta l, cannot be obstructed in their operation by any law or convention whatever. Consular institutions being entirely new with us, Congress think it wise to make their first convention probationa ry, and not perpetual. They propose, therefore, a clause for limiting its duration to a certain term of years. If after the experience of a few years, it should be found to answer the purposes intended by it, both parties will have sufficient inducement s to renew it, either in its present form, or with such alterations and amendment s as time, experience, and other circumstan ces may indicate. The convention, as expressed in the French language, will fully answer our purposes in France, 59 Correspond ence because it will there be understood . But it will not equally answer the purposes of France in America, because it will not there be understood . In very few of the courts wherein it may be presented, will there be found a single judge or advocate capable of translating it at all, much less of giving to all its terms, legal and technical, their exact equivalent in the laws and language of that country. Should any translation which Congress would undertake to publish, for the use of our courts, be conceived on any occasion not to render fully the idea of the French original, it might be imputed as an indirect attempt to abridge or extend the terms of a contract, at the will of one party only. At no place are there better helps than here, for establishin g an English text equivalent to the French, in all its phrases; no person can be supposed to know what is meant by these phrases better than those who form them, and no time more proper to ascertain their meaning in both languages, than that at which they are formed. I have, therefore, the honor to propose, that the convention shall be faithfully expressed in English as well as in French, in two columns, side by side, that these columns be declared each of them to be text, and to be equally original and authentic in all courts of justice. This, Sir, is a general sketch of the alterations which our laws and our manner of thinking render necessary in this convention, before the faith of our country is engaged for its execution. Some of its 60 Jefferson's Works articles, in their present form, could not be executed at all, and others would produce embarrass ments and ill humor, to which it would not be prudent for our governmen t to commit itself. Inexact execution on the one part, would naturally beget dissatisfact ion and complaints on the other, and an instrument intended to strengthen our connection, might thus become the means of loosening it. Fewer articles, better observed, will better promote our common interests. As to ourselves, we do not find the institution of consuls very necessary. Its history commences in times of barbarism, and might well have ended with them. During these, they were perhaps useful, and may still be so, in countries, not yet emerged from that condition. But all civilized nations at this day, understand so well the advantages of commerce, that they provide protection and encourage ment for merchant strangers and vessels coming among them. So extensive, too, have commercial connection s now become, that every mercantile house has correspond ents in almost every port. They address their vessels to these correspond ents, who are found to take better care of their interests, and to obtain more effectually the protection of the laws of the country for them, than the consul of their nation can. He is generally a foreigner, unpossesse d of the little details of knowledge of greatest use to them. He makes national questions of all the difficulties which arise; the correspond ent prevents them. We carry on commerce Correspond ence 61 with good success in all parts of the world; yet we have not a consul in a single port, nor a complaint for the want of one, except from the persons who wish to be consuls themselves. Though these considerati ons may not be strong enough to establish the absolute inutility of consuls, they may make us less anxious to extend their privileges and jurisdictio ns, so as to render them objects of jealousy and irritation in the places of their residence. That this governmen t thinks them useful, is sufficient reason for us to give them all the functions and facilities which our circumstan ces will admit. Instead, therefore, of declining every article which will be useless to us, we accede to every one which will not be inconvenie nt. Had this nation been alone concerned, our desire to gratify them, might have tempted us to press still harder on the laws and opinions of our country. But your Excellency knows, that we stand engaged in treaties with some nations, which will give them occasion to claim whatever privileges we yield to any other. This renders circumspec tion more necessary. Permit me to add one other observatio n. The English allow to foreign consuls scarcely any functions within their ports. This proceeds, in a great measure, from the character of their laws, which eye with peculiar jealousy every exemption from their control. Ours are the same in their general character, and rendered still more unpliant, by our having thirteen parliaments to relax, instead of one. Upon the 62 Jefferson's Works whole, I hope your Excellency will see the causes of the delay which this convention has met with, in the difficulties it presents, and our desire to surmount them; and will be sensible that the alterations proposed, are dictated to us by the necessity of our circumstan ces, and by a caution, which cannot be disapprove d, to commit ourselves to no engagemen ts which we foresee we might not be able to fulfil. These alterations, with some other smaller ones, which may be offered on the sole principle of joint convenienc e, shall be the subject of more particular explanation , whenever your Excellency shall honor me with a conference thereon. I shall then also point out the verbal changes which appear to me necessary, to accommodat e the instrument to the views before expressed. In the meantime, I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency' s most obedient and most humble servant. TO - PARIS, June 28, 1788. SIR- * * * * * * * * A treaty of alliance between England and Prussia was signed on the 13th instant. Sweden is believed to have given out a declaration of the reasons of her arming, which has very much the air of a declaration of war against Russia. We have not yet seen it here. It would not be unexpected to hear that she has Correspond ence 63 commenced hostilities. She is subsidized by England, and if she does begin a war, we must believe it to be on the instigation of England, with a view to bring on a general war. This power, with Denmark and Holland, ranging themselves on the side of England, destroys the equilibrium of power at sea, which we had hoped was established . I am, with great esteem, Sir, your most obedient humble servant. TO CAPTAIN DIRCKS. PARIS, July 2, 1788. SIR,-As a private individual and citizen of America, I can with propriety and truth deliver it to you as my firm belief, that the loan office certificate you showed me, and all others of the same kind, will be paid, principal and interest, as soon as the circumstan ces of the United States will permit: that I do not consider this as a distant epoch, nor suppose there is a;public debt on earth less doubtful. This I speak as my private opinion. But it does not belong to me to say that it will be paid in two years, or that it will be paid at all, so as by the authority of my affirmation to give it any new sanction or credit. The board of treasury or Congress can alone do this. You will be sensible, therefore, Sir, of the impropriet y, and even the hazard, of my going out of the line of my office so far as to undertake, or to aver, that these certificates will be paid within one or two years. On every occasion where I can do it of right, I 64 Jefferson's Works shall be happy to render you every possible service, being with sentiments of the most perfect esteem, Sir, your most obedient humble servant. TO T. L. SHIPPEN, ESQ. PARIS, July 13, 1788. DEAR SIR,-In a former letter to Mr. Rutledge, I suggested to him the idea of extending his tour to Constantin ople, and in one of to-day, I mention it again. I do not know how far that extension may accord with your plan, nor indeed how far it may be safe for either of you; for, though it has been thought there has been a relaxation in the warlike disposition s of the belligerent powers, yet we have no symptoms of a suspension of hostilities. The Ottoman dominions are generally represente d as unsafe for travellers, even when in peace. They must be much more so during war. This article, therefore, merits exact inquiry before that journey is undertaken . We have letters from America to June 11. Maryland has acceded to the Constitutio n by a vote of 63 to 11, and South Carolina by 149 to 72. Mr. Henry had disseminate d proposition s there for a Southern confederac y. It is now thought that Virginia will not hesitate to accede. Governor Randolph has come over to the Federalists . No doubt is entertained of New Hampshire and North Carolina, and it is thought that even New York will agree when Correspond ence 65 she sees she will be left with Rhode Island alone. Two-thirds of their Convention are decidedly antifederal. The die is now thrown, and it cannot be many days before we know what has finally turned up. Congress has granted the prayer of Kentucky to be made independen t, and a committee was occupied in preparing an act for that purpose. Mr. Barlow, the American poet, is arrived in Paris. We expect daily to hear that the Swedes have commenced hostilities. Whether this will draw in the other nations of Europe immediately , cannot be foreseen; probably it will in the long run. I sincerely wish this country may be able previously to arrange its internal affairs. To spare the trouble of repetition, I am obliged to ask of yourself and Mr. Rutledge, to consider the letter of each as a supplement to the other. Under the possibility, however, of your going different routes, I enclose duplicates of my letters of introductio n. After acknowledg ing the receipt of your favor of the 6th inst., from Spa, I shall only beg a continuanc e of them, and that you will both keep me constantly informed how to convey letters to you: and to assure you of those sentiments of sincere esteem with which I have the honor to be, dear Sir, your friend and servant. VOL. VII-5 66 Jefferson's Works TO DOCTOR GORDON. PARIS, July 16, 1788. SIR,-In your favor of the 8th instant, you mentioned that you had written to me in February last. This letter never came to hand. That of April the 24th, came there during my absence on a journey through Holland and Germany; and my having been obliged to devote the first moments after my return, to some very pressing matters, must be my apology for not having been able to write to you till now. As soon as I knew that it would be agreeable to you, to have such a disposal of your work for translation, as I had made for Dr. Ramsay, I applied to the same bookseller with proposition s on your behalf. He told me, that he had lost so much by that work, that he could hardly think of undertakin g another, and at any rate, not without first seeing and examining it. As he was the only bookseller I could induce to give anything on the former occasion, I went to no other with my proposal, meaning to ask you to send me immediately as much of the work as is printed. This you can do by the Diligence, which comes three times a week from London to Paris. Furnished with this, I will renew my proposition , and do the best for you I can; though I fear that the ill success of the translation of Dr. Ramsay's work, and of another work on the subject of America, will permit less to be done for you than I had hoped. I think Dr. Ramsay failed from the inelegance of the translation, and the Correspond ence 67 translator' s having departed entirely from the Doctor's instruction s. I will be obliged to you, to set me down as a subscriber for half a dozen copies, and to ask Mr. Trumbull (No. 2, North street, Rathbone Place) to pay you the whole subscriptio n price for me, which he will do on showing him this letter. These copies can be sent by the Diligence. I have not yet received the pictures Mr. Trumbull was to send me, nor consequent ly that of M. de La Fayette. I will take care of it when it arrives. His title is simply, le Marquis de La Fayette. You ask, in your letter of April the 24th, details of my sufferings by Colonel Tarleton. I did not suffer by him. On the contrary, he behaved very genteelly with me. On his approach to Charlottesv ille, which is within three miles of my house at Monticello, he dispatched a troop of his horse, under Captain McLeod, with the double object of taking me prisoner, with the two Speakers of the Senate and Delegates, who then lodged with me, and of remaining there in vidette, my house commandin g a view of ten or twelve miles round about. He gave strict orders to Captain McLeod to suffer nothing to be injured. The troop failed in one of their objects, as we had notice of their coming, so that the two Speakers had gone off about two hours before their arrival at Monticello, and myself, with my family, about five minutes. But Captain McLeod preserved everything with sacred care, during about eighteen hours that he remained there. Colonel Tarleton 68 Jefferson's Works was just so long at Charlottesv ille, being hurried from thence by the news of the rising of the militia, and by a sudden fall of rain, which threatened to swell the river, and intercept his return. In general, he did little injury to the inhabitants , on that short and hasty excursion, which was of about sixty miles from their main army, then in Spottsylva nia, and ours in Orange. It was early in June, 1781. Lord Cornwallis then proceeded to the Point of Fork, and encamped his army from thence all along the main James River, to a seat of mine called Elk-hill, opposite to Elk Island, and a little below the mouth of the Byrd Creek. (You will see all these places exactly- laid down in the map annexed to my notes on Virginia, printed by Stockdale.) He remained in this position ten days, his own head quarters being in my house, at that place. I had time to remove most of the effects out of the house. He destroyed all my growing crops of corn and tobacco; he burned all my barns, containing the same articles of the last year, having first taken what corn he wanted; he used, as was to be expected, all my stock of cattle, sheep and hogs, for the sustenance of his army, and carried off all the horses capable of service; of those too young for service he cut the throats; and he burned all the fences on the plantation, so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right; but it was to consign them to inevitable death from the small pox and 69 Correspond ence putrid fever, then raging in his camp. This I knew afterwards to be the fate of twenty-sev en of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis. did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye; the situation of the house in which he was, commandin g a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborho od somewhat in the same style, but not with that spirit of total exterminati on with which he seemed to rage over my possession s. Wherever he went, the dwelling houses were plundered of everything which could be carried off. Lord Cornwallis' character in England, would forbid the belief that he shared in the plunder; but that his table was served with the plate thus pillaged from private houses, can be proved by many hundred eye-witnes ses. From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost, under Lord Cornwallis' hands, that year, about thirty thousand slaves; and that of these, about twenty-sev en thousand died of the small pox and camp fever, and the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee and fruit, and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or 70 Jefferson's Works England. From this last place, I believe they have been lately sent to Africa. History will never relate the horrors committed by the British army in the southern States of America. They raged in Virginia six months only, from the middle of April to the middle of October, 1781, when they were all taken prisoners; and I give you a faithful specimen of their transaction s for ten days of that time, and on one spot only. Ex pede Herculem. I suppose their whole devastation s during those six months, amounted to about three millions sterling. The copiousnes s of this subject has only left me space to assure you of the sentiments of esteem and respect, with which I am, Sir, your most obedient humble servant. TO MR. IZARD. PARIS, July 17, 1788, DEAR SIR, * * * * * * * I cannot but approve your idea of sending your eldest son, destined for the law, to Williamsbur g. The professor of Mathematic s and Natural Philosophy there, (Mr. Madison, cousin of him whom you know,) is a man of great abilities, and their apparatus is a very fine one. Mr. Ballini, professor of Modern Language, is also an excellent one. But the pride of the Institution is Mr. Wythe, one of the Chancellors of the State, and professor of law in the College. He is one of the greatest men of the age, hav Correspond ence 71 ing held without competition the first place at the bar of our general court for twenty-fiv e years, and always distinguish ed by the most spotless virtue. He gives lectures regularly, and holds moot courts and parliaments wherein he presides, and the young men debate regularly in law and legislation, learn the rules of parliamenta ry proceeding , and acquire the habit of public speaking. Williamsbur g is a remarkably healthy situation, reasonably cheap, and affords very genteel society. I know no place in the world, while the present professors remain, where I would so soon place a son. I have made the necessary inquiries relative to a school for your second son. There are only two here for the line of engineerin g. T send the prospectus of the best, which is so particular in its details as to enable you to judge for yourself on every point. I will add some observatio ns. I have never thought a boy should undertake abstruse or difficult sciences, such as Mathematic s in general, till fifteen years of age at soonest. Before that time they are best employed in learning the languages which is merely a matter of memory. The languages are badly taught here. If you propose he should learn the Latin, perhaps you will prefer the having him taught it in America, and of course, to retain him there two or three years more. At that age, he will be less liable to lose his native language, and be more able to resist the attempts to change his religion. Probably three or four years here would suffice for the theory of engi 72 Jefferson's Works neering, which would leave him still time enough to see something of the practice either by land or sea, as he should choose, and to return home at a ripe age. Decide on all these points as you think best, and make what use of me in it you please. Whenever you choose to send him, if I am here, and you think proper to accept my services towards him, they shall be bestowed with the same zeal as if he were my own son. The war in Europe threatens to spread. Sweden, we suppose, has commenced hostilities against Russia, though we do not yet certainly know it. I have hoped this country would settle her internal disputes advantageo usly and without bloodshed. As yet none has been spilt, though the British newspaper s give the idea of a general civil war. Hitherto, I had supposed both the King and parliament would lose authority, and the nation gain it, through the medium of its States General and provincial Assemblies, but the arrest of the deputies of Bretagne two days ago, may kindle a civil war. Its issue will depend on two questions. I. Will other provinces rise? 2. How will the army conduct itself? A stranger cannot predetermi ne these questions. Happy for us that abuses have not yet become patrimonies , and that every description of interest is in favor of national and moderate governmen t. That we are yet able to send our wise and good men together to talk over our form of government, discuss its weaknesses and establish its reme Correspond ence 73 dies with the same sang-froid as they would a subject of agriculture . The example we have given to the world is single, that of changing our form of governmen t under the authority of reason only, without bloodshed. I enclose herein a letter from Count Sarsfield to Mrs. Izard, to whom I beg to present my respects. I am, with great sincerity, dear Sir, your friend and servant. TO JAMES MADISON, OF WILLIAM AND MARY COLLEGE. PARIS, July 19, 1788. DEAR SIR,-My last letter to you was of the 13th of August last. As you seem willing to accept of the crumbs of science on which we are subsisting here, it is with pleasure I continue to hand them on to you, in proportion as they are dealt out. Herschel's volcano in the moon you have doubtless heard of, and placed among the other vagaries of a head, which seems not organized for sound induction. The wildness of the theories hitherto proposed by him, on his own discoveries , seems to authorize us to consider his merit as that of a good optician only. You know also, that Dr. Ingenhouse had discovered, as he supposed, from experiment, that vegetation might be promoted by occasioning streams of the electrical fluid to pass through a plant, and that other physicians had received and confirmed this theory. He now, however, retracts it, and finds by 74 Jefferson's Works more decisive experiment s, that the electrical fluid can neither forward nor retard vegetation. Uncorrecte d still of the rage of drawing general conclusions from partial and equivocal observatio ns, he hazards the opinion that light promotes vegetation: I have heretofore supposed from observatio n, that light effects the color of living bodies, whether vegetable or animal; but that either the one or the other receives nutriment from that fluid, must be permitted to be doubted of, till better confirmed by observatio n.. It is always better to have no ideas, than false ones; to believe nothing, than to believe what is wrong. In my mind, theories are more easily demolished than rebuilt. An Abbe here has shaken, if not destroyed, the theory of de Dominis, Descartes and Newton, for explaining the phenomeno n of the rainbow. According to that theory, you know, a cone of rays issuing from the sun, and falling on a cloud in the opposite part of the heavens, is reflected back in the form of a smaller cone, the apex of which is the eye of the observer; so that the eye of the observer must be in the axis of both cones, and equally distant from every part of the bow. But he observes, that he has repeatedly seen bows, the one end of which has been very near to him, and the other at a very great distance. I have often seen the same thing myself. I recollect well to have seen the end of a rainbow between myself and a house, or between myself and a bank, not twenty yards distant; and Correspond ence 75 this repeatedly. But I never saw, what he says he has seen, different rainbows at the same time intersectin g each other. I never saw coexistent bows, which were not concentric also. Again, according to the theory, if the sun is in the horizon, the horizon intercepts the lower half of the bow, if above the horizon, that intercepts more than the half, in proportion. So that generally, the bow is less than a semi-circle, and never more. He says he has seen it more than a semi-circle. I have often seen the leg of the bow below my level. My situation at Monticello admits this, because there is a mountain there in the opposite direction of the afternoon 's sun, the valley between which and Monticello, is five hundred feet deep. I have seen a leg of a rainbow plunge down on the river running through the valley. But I do not recollect to have remarked at any time, that the bow was more than half a circle. It appears to me, that these facts demolish the Newtonian hypothesis, but they do not support that erected in its stead by the Abbé. He supposes a cloud between the sun and the observer, and that through some opening in that cloud, the rays pass, and form an iris on the opposite part of the heavens, just as a ray passing through a hole in the shutter of a darkened room, and falling on a prism there, forms the prismatic colors on the opposite wall. According to this, we might see bows; of more than the half circle, as often as of less. A thousand other objections occur to this hypothesis, which need not be 76 Jefferson's Works suggested to you. The result is, that we are wiser than we were, by having an error the less in our catalogue; but the blank occasioned by it, must remain for some happier hypothesis t to fill up. The dispute about the conversion and re-convers ion of water and air, is still stoutly kept up. The contradicto ry experiment s of chemists, leave us at liberty to conclude what we please. My conclusion is, that art has not yet invented sufficient aids, to enable such subtle bodies to make a well-define d impression on organs as blunt as ours; that it is laudable to encourage investigati on, but to hold back conclusion. Speaking one day with Monsieur de Buffon, on the present ardor of chemical inquiry, he affected to consider chemistry but as cookery, and to place the toils of the laboratory on a footing with those of the kitchen. I think it, on the contrary, among the most useful of sciences, and big with future discoveries for the utility and safety of the human race. It is yet, indeed, a mere embryon. Its principles are contested; experiment s seem contradicto ry; their subjects are so minute as to escape our senses; and their result too fallacious to satisfy the mind. It is probably an age too soon, to propose the establishme nt of a system. The attempt, therefore, of Lavoisier to reform the chemical nomenclatu re, is premature. One single experiment may destroy the whole filiation of his terms, and his string of sulphates, sulphites, and sulphures, may have served no other end, than to have retarded the Correspond ence 77 progress of the science, by a jargon, from the confusion of which, time will be requisite to extricate us. Accordingl y, it is not likely to be admitted generally. You are acquainted with the properties of the composition of nitre, salt of tartar and sulphur, called pulvis fulminans. Of this, the explosion is produced by heat alone. Monsieur Bertholet, by dissolving silver in the nitrous acid, precipitati ng it with lime water, and drying the precipitate on ammoniac, has discovered a powder which fulminates most powerfully, on coming into contact. with any substance however. Once made, it cannot be touched. It cannot be put into a bottle, but must remain in the capsule, where dried. The property of the spathic acid, to corrode flinty substances , has been lately applied by a Mr. Puymaurin, to engrave on glass, as artists engrave on copper, with aquafortis. M. de La Place has discovered, that the secular acceleratio n and retardation of the moon's motion, is occasioned by the action of the sun, in proportion as his eccentricit y changes, or, in other words, as the orbit of the earth increases or diminishes. So that this irregularit y is now perfectly calculable. Having seen announced in a gazette, that some person had found in a library of Sicily, an Arabic translation of Livy, which was thought to be complete, I got the charge des affaires of Naples here, to write to Naples to inquire into the fact. He ob 78 Jefferson's Works tained in answer, that an Arabic translation was found, and that it would restore to us seventeen of the books lost, to wit, from the sixtieth to the seventy-seventh, inclusive: that it was in possession of an Abbe Vella, who, as soon as he shall have finished a work he has on hand, will give us an Italian, and perhaps a Latin translation of this Livy. There are persons, however, who doubt the truth of this discovery, founding their doubts on some personal circumstan ces relating to the person who says he has this translation. I find, neverthele ss, that the charge des affaires believes in the discovery, which makes me hope it may be true. A countryma n of ours, a Mr. Ledyard of Connecticu t, set out from hence some time ago for St. Petersburg , to go thence to Kamtschatk a, thence to cross over to the western coast of America, and penetrate through the continent, to the other side of it. He had got within a few days' journey of Kamtschatk a, when he was arrested by order of the Empress of Russia, sent back, and turned adrift in Poland. He went to London; engaged under the auspices of a private society, formed there for pushing discoveries into Africa; passed by this place, which he left a few days ago for Marseilles, where he will embark for Alexandria and Grand Cairo; thence explore the Nile to its source; cross the head of the Niger, and descend that to its mouth. He promises me, if he escapes through his journey, he will go to Kentucky, and endeavor to penetrate westwardly to the South Sea. Correspond ence 79 The death of M. de Buffon you have heard long ago. I do not know whether we shall have anything posthumou s of his. As to political news, this country is making its way to a good constitutio n. The only danger is, they may press so fast as to produce an appeal to arms, which might have an unfavorabl e issue for them. As yet, the appeal is not made. Perhaps the war which seems to be spreading from nation to nation, may reach them; this would ensure the calling of the States General, and this, as is supposed, the establishme nt of a constitutio n. I have the honor to be, with sentiments of sincere esteem and respect, dear Sir, your friend and servant. TO E. RUTLEDGE PARIS, July 18, 1788. DEAR SIR,-Messr s. Berard were to have given me particular accounts of the proceeds of the shipments of rice made to them. But they have failed. I fear, from what they mention, that the price has been less advantageo us than usual; which is unlucky, as it falls on the first essay. If on the whole, however, you get as much as you would have done by a sale on the spot, it should encourage other adventures , because the price at Havre or Rouen is commonly higher, and because I think you may, by trials, find out the way to avail yourselves of the Paris retail price. The Carolina rice sold at Paris, is separated 80 Jefferson's Works into three kinds: 1, the whole grains; 2, the broken grains; 3, the small stuff; and sell at ten, eight, and six lives the French pound, retail. The whole grains, which constitute the first quality, are picked out by hand. I would not recommend this operation to be done with you, because labor is dearer there than here. But I mention these prices, to show, that after making a reasonable deduction for sorting, and leaving a reasonable profit to the retailer, there should still remain a great wholesale price. I shall wish to know from you, how much your cargo of rice shipped to Berard netts you, and how much it would have netted in hard money, if you had sold it at home. You promise, in your letter of October the 23d, 1787, to give me in your next, at large, the conjecture s of your philosophe r on the descent of the Creek Indians from the Carthaginia ns, supposed to have been separated from Hanno's fleet, during his periplus. I shall be very glad to receive them, and see nothing impossible in his conjecture. I am glad he means to appeal to similarity of language, which I consider as the strongest kind of proof it is possible to adduce. I have somewhere read, that the language of the ancient Carthaginia ns is still spoken by their descendant s, inhabiting the mountainou s interior parts of Barbary, to which they were obliged to retire by the conquering Arabs. If so, a vocabulary of their tongue can still be got, and if your friend will get one of the Creek languages, the comparison will decide. He probably may have Correspond ence 81 made progress in this business; but if he wishes any enquiries to be made on this side the Atlantic, I offer him my services cheerfully; my wish being like his, to ascertain the history of the American aborigines. I congratulat e you on the accession of your State to the new federal constitutio n. This is the last I have yet heard of, but I expect daily to hear that my own has followed the good example, and suppose it to be already established . Our governmen t wanted bracing. Still, we must take care not to run from one extreme to another; not to brace too high. I own, I join those in opinion, who think a bill of rights necessary. I approached too, that the total abandonme nt of the principle of rotation in the offices of President and Senator, will end in abuse. But my confidence is, that there will, for a long time, be virtue and good sense enough in our countryme n, to correct abuses. We can surely boast of having set the world a beautiful example of a governmen t reformed by reason alone, without bloodshed. But the world is too far oppressed, to profit by the example. On this side of the Atlantic, the blood of the people is become an inheritance , and those who fatten on it, will not relinquish it easily. The struggle in this country is, as yet, of doubtful issue. It is, in fact, between the monarchy and the parliaments . The nation is no otherwise concerned, but as both parties may be induced to let go some of its abuses, to court the public favor. The danger, is that the people, deceived a false cry of liberty, may be VOL. VII-6 82 Jefferson's Works led to take side with one party, and thus give the other a pretext for crushing them still more. If they can avoid the appeal to arms, the nation will be sure to gain much by this controvers y. But if that appeal is made, it will depend entirely on the disposition of the army, whether it issue in liberty or despotism. Those disposition s are not as yet known. In the meantime, there is great probability that the war kindled in the east, will spread from nation to nation, and in the long run, become general. * * * I am, with the most sincere esteem and attachment, my dear Sir, your friend and servant. TO MR. CUTTING. PARIS, July 24., 1788. DEAR SIR,-I am indebted to your favor of the 11th instant for many details which I have not received otherwise. Notwithsta nding a most extensive and laborious correspond ence which I keep up with my friends on the other side the water, my information is slow, precarious and imperfect. The New York papers, which I receive regularly, and one or two correspond ents in Congress, are my best sources. As you are desirous of having, before your departure for South Carolina, a sketch of European affairs, as they are seen from this position, I will give you the best I can, taking no notice of the "bruit de Paris," which, like the English newspaper s, are but guesses, and made generally by persons who, 83 Correspond ence do not give themselves the trouble of trying to guess right. I will confine myself to facts, or well-found ed probabilitie s, and among these must necessarily repeat a great deal of what you know already. Perhaps all may be of that description . The war undertaken by the Turks, unadvisedl y, as was conjecture d, has been attended with successes which are now hastening the public opinion to the other extreme; but it should be considered that they have been small successes only, in the partizan way. The probable event of the war can only be calculated after a great general action, because it is in that we shall see whether the European discipline has been overrated, and the want of it in the Turks exaggerate d. Russia certainly undertook the war unwillingly , and the Emperor, it is thought, would now be glad to get out of it, but the Turks, who demanded a restitution of the Crimea, before they began the war, are not likely to recede from that demand, after the successes they have obtained, nor can Russia yield to it without some more decisive event than has yet taken place. A small affair on the Black Sea, which is believed, though not on grounds absolutely authentic, is calculated to revive her spirits. Twenty-se ven gun boats, Russian, have obliged fifty-seven , commanded by the Captain Pacha himself, to retire after an obstinate action. The Russians were commanded by the Prince of Nassau, with whom our Paul Jones acted as volunteer, and probably directed the whole business. I 84 Jefferson's Works suppose he must have been just arrived, and that his command has not yet been made up. He is to be rear-admir al, and always to have a separate command. What the English newspaper s said of remonstran ces against his being received into the service, as far as I can learn from those who would have known it, and would have told it to me, was false, as is everything those papers say, ever did say, and ever will say. The probability , and almost certainty, that Sweden will take a part in the war, adds immensely to the embarrass ments of Russia, and will almost certainly prevent her fleet going to the Mediterran ean. It is tolerably certain that she has been excited to this by the Court of London, and that. she has received, through their negotiation s, a large subsidy from the Turks (about three millions of thalers), yet the meeting of the two fleets, and their saluting, instead of fighting each other, induces a. suspicion that if he can hinder the Russian expedition by hectoring only, he may not mean to do more. Should this power really engage in the war, and should it at length spread to France and England, I shall view the Swedish separation from France as the event which alone decides that the late subversion of the European system will be ultimately serious to France. This power, with the two empires, and Spain, was more than a match for England, Prussia and Holland by land, and balanced them by sea. For on this element France and Spain are equal to England, and Russia to Holland. Sweden was Correspond ence 85 always supposed on the side of France, and to balance Denmark; on the side of England, by land and sea; but if she goes over decidedly into the English scale, the balance at sea will be destroyed by the amount of the whole force of these two powers, who can equip upwards of sixty sail of the line. There is a report, credited by judicious persons, that the Dutch patriots, before their suppressio n, foreseeing that event, sent orders to the East Indies to deliver Trincomale to the French, and that it has been done. My opinion is, either that this is not true; or that they will re-deliver it, and disavow their officer who accepted it. If they did not think Holland, and all its possession s, worth a war, they cannot think a single one of those possession s worth it. M. de St. Priest has leave to go to the waters. Probably he will then ask and have leave to come to Paris, and await events. The English papers have said the works of Cherbourg were destroyed irreparably . This is a mathematic al demonstrat ion that they are not. The truth is, that the head of one cone has been very much beaten off by the waters. But the happiness of that undertakin g is, that all its injuries improve it. What is beaten from the head widens the base, and fixes the cone much more solidly. That work will be steadily pursued, and, in all human probability , be finally successful. They calculate on half a million of lives, say £20,000 sterling, for every cone, and that there will be from seventy to eighty cones. Prob 86 Jefferson's Works ably they must make more cones, suppose one hundred, this will be two millions of pounds sterling. Versailles has cost fifty millions of pounds sterling. Ought we to doubt then that they will persevere to the end in a work small and useful, in proportion as the other was great and foolish? The internal affairs here do not yet clear up. Most of the late innovations have been much for the better. Two only must be fundamenta lly condemned; the abolishing, in so great a degree, of the parliaments , and the substitutio n of so ill-compose d a body as the cour pleniere. If the King has Power to do this, the governmen t of this country is a pure despotism. I think it a pure despotism in theory, but moderated in practice by the respect which the public opinion commands. But the nation repeats, after Montesquie u, that the different bodies of magistracy, of priests and nobles, are barriers between the King and the people. It would be easy to prove that these barriers can only appeal to public opinion, and that neither these bodies, nor the people, can oppose any legal check to the will of the monarch. But they are manifestly advancing fast to a constitutio n. Great progress is already made. The provincial assemblies, which will be a very perfect representa tive of the people, will secure them a great deal against the power of the crown. The confession lately made by the governmen t; that it cannot impose a new tax, is a great thing: the convocatio n of the States General, which cannot be Correspond ence 87 avoided, will produce a national assembly, meeting at certain epochs, possessing at first probably only a negative on the laws, but which will grow into the right of original legislation, and prescribin g limits to the expenses of the King. These are improveme nts which will assuredly take place, and which will give an energy to this country they have never yet had. Much may be hoped from the States General, because the King's disposition s are solidly good; he is capable of great sacrifices; all he wants to induce him to do a thing, is to be assured it will be for the good of the nation. He will probably believe what the States General shall tell him, and will do it. It is supposed they will reduce the parliament to a mere judiciary. I am in hopes all this will be effected without convulsion s. The English papers have told the world, with their usual truth, that all here is civil war and confusion. There have been some riots, but as yet not a single life has been lost, according to the best evidence I have been able to collect. One officer was wounded at Grenoble. The arrest of the twelve deputies of Bretagne a fortnight ago, I apprehend ed would have produced an insurrectio n; but it seems as if it would not. They have sent eighteen deputies more, who will probably be heard. General Armand was one of the twelve, and is now in the Bastille. The Marquis de La Fayette, for signing the prayer which these deputies were to present, and which was signed by all the other nobles of Bretagne resident in Paris (about sixty in 88 Jefferson's Works number), has been disgraced, in the old-fashion ed language of the country; that is to say, the command in the south of France this summer, which they had given him, is taken away. They took all they could from such others of the subscriber s as held anything from the Court. This dishonors them at Court, and in the eyes and conversatio n of their competitors for preferment . But it will probably honor them in the eyes of the nation. This is as full a detail as I am able to give you of the affairs of Europe. I have nothing to add to them but my wishes for your health and happiness, and assurances of the esteem with which I have the honor to be, dear Sir, your most obedient, and most humble servant. TO MR. BELLINI. PARIS, July 25, 1788. DEAR SIR,-Thoug h I have written to you seldom, you are often the object of my thoughts, and always of my affection. The truth is, that the circumstan ces with which I am surrounde d, offer little worth detailing to you. You are too wise to feel an interest in the squabbles, in which the pride, the dissipation s, and the tyranny of kings, keep this hemisphere constantly embroiled. Science indeed, finds some aliment here, and you are one of her sons. But this I have pretty regularly communicat ed to Mr. Madison, with whom, I am sure, you partici Correspond ence 89 pate of it. It is with sincere pleasure I congratulat e you on the good fortune of our friend Mazzei, who is appointed here, to correspond with the King of Poland. The particular character given him is not well defined, but the salary is, which is more important. It is eight thousand lives a year, which will enable him to live comfortabl y, while his duties will find him that occupation, without which he cannot exist. Whilst this appointment places him at his ease, it affords him a hope of permanenc e also. It suspends, if not entirely prevents, the visit he had intended to his native country, and the return to his adoptive one, which the death of his wife had rendered possible. This last event has given him three quarters of the globe elbowroom, which he had ceded to her, on condition she would leave him quiet in the fourth. Their partition of the next world will be more difficult, if it be divided only into two parts, according to the Protestant faith. Having seen by a letter you wrote him, that you were in want of a pair of spectacles, I undertook to procure you some, which I packed in a box of books addressed to Mr. Wythe, and of which I beg your acceptance. This box lay forgotten at Havre the whole of the last winter, but was at length shipped, and I trust has come to hand. I packed with the spectacles, three or four pair of glasses, adapted to the different periods of life, distinguish ed from each other by numbers, and easily changed. You see I am looking forward in 90 Jefferson's Works hope of a long life for you; and that it may be long enough to carry you through the whole succession of glasses, is my sincere prayer. Present me respectfull y to Mrs. Bellini, assure her of my affectionat e remembran ce of her, and my wishes for her health and happiness; and accept yourself, very sincere professions of the esteem and attachment with which I am, dear Sir, your affectionat e friend and servant. TO MR. CUTTING. PARIS, July 28, 1788. SIR,-When I had the honor of writing you on the 24th instant, the transaction s on the Black Sea were but vaguely known; I am now able to give them to you on better foundation. The Captain Pacha was proceeding with succors to Ocrakoff, as is said by some (for this fact does not come on the same authority with the others), the authentic account placing the two fleets in the neighborho od of each other at the mouth of the Liman, without saying how they came there. The Captain Pacha, with fifty-seven gun-boats, attacked the Russian vessels of the same kind, twenty-sev en in number, the right wing of which was commanded by Admiral Paul Jones, the left by the Prince of Nassau. After an obstinate engagemen t of five hours, during which the Captain Pacha flew incessantly wherever there was danger or distress, he was obliged to Correspond ence 91 retire, having lost three of his vessels, and killed only eight men of the Russians. I take this account from the report of the action by the Prince of Nassau, which the Russian minister here showed me. It is said in other accounts, that all the balls of the Turks passed overhead, which was the reason they did so little execution. This was on the 10th of June, and was the forerunner of the great and decisive action between the two main fleets, which took place on the 26th, the Russian fleet, commanded by Admiral Paul Jones, the Turkish by Captain Pacha, of which the result only, and not the details, are given us. This was, that the vessels of the Turkish Admiral and Vice-Admir al, and four others, were burnt, that is to say, six in all, two others were taken, and between three and four thousand prisoners. The Captain Pacha's flag was taken, and himself obliged to fly in a small vessel, his whole fleet being dispersed. The Prince Potemkin immediately got under march for Ocrakoff, to take advantage of the consternati on into which that place was thrown. These facts are written by Prince Potemkin, from his head-quart ers, to Prince Gallitzin, the Russian Ambassado r at Vienna, who writes them to their minister here, who showed me the letter. The number of prisoners taken, renders it probable that the Captain Pacha was on his way to the relief of Ocrakoff with transports, as a less authentic report said he was. We are not told authentical ly what was the force on each side in the 92 Jefferson's Works main action of the 26th, but it is supposed to have been about fifteen ships of the line on each side, besides their smaller vessels; but the evidence of this is vague, and the less to be relied on, as we have known that the Russians were much inferior in numbers to the Turks on that sea. A war of a less bloody kind is begun between the Pope and the King of Naples, who has refused this year to pay the annual tribute of the hackney as an acknowledg ment that he holds his kingdom as feudatory of the Pope. The latter has declared him to stand deprived of his kingdom, but gives him three months to consider of it. We shall see what will be made of this farce. I have written this supplement to my other letter, in hopes it may still find you at London. I am, with much esteem, dear Sir, your most obedient humble servant. TO MONSIEUR LIMOZIN. PARIS July 30, 1788. SIR,-I know nothing myself of the person who was the subject of your letter of the 27th, except a mere slight personal acquaintan ce. But I have been told that he has beer very unsuccessf ul in commerce, and that his affairs are very much deranged. I own I wish to see the beef-trade with America taken up by solid hands, because it will give new life to our Northern States. In general, they do not know how to cure it. But some persons of Massachuse tts have Correspond ence 93 not very long ago brought over packers and picklers from Ireland, and the beef cured and packed by them has been sent to the East Indies and brought back again, and perfectly sound. We may expect the art will spread. Is the Irish beef as good as that of Hamburg? If I had supposed Irish beef could have been got at Havre, I would not have sent to Hamburg for beef. I suppose that which came for me cannot be introduced. You have heard of the great naval victory obtained by the Russians under command of Admiral Paul Jones, over the Turks commanded by the Captain Pacha. We cannot see as yet, whether this will hasten peace. The Swedish fleet having saluted instead of attacking the Russian, makes us suspect these movements of the King of Sweden may be a mere piece of hectoring to frighten Russia from the purpose of sending her fleet round, if he can do it without actually entering into the war. He is paid by the Turks. Nothing else new. I am, Sir, with great esteem, your most obedient, humble servant. TO JAMES MADISON. PARIS, July 31, 1788. DEAR SIR,-My last letters to you were of the 3d and the 25th of May. Yours from Orange, of April the 22d, came to hand on the 10th instant. My letter to Mr. Jay, containing all the public news that is well authenticat ed, I will not repeat 94 Jefferson's Works it here, but add some details in the smaller way, which you may be glad to know. The disgrace of the Marquis de la Fayette, which at any other period of their history would have had the worst consequenc es for him, will, on the contrary, mark him favorably to the nation, at present. During the present administrat ion, he can expect nothing; but perhaps it may serve him with their successors, whenever a change shall take place. No change of the Principal will probably take place before the meeting of the States General; though a change is to bc wished, for his operations do not answer the expectation s formed of him. These had been calculated on his brilliancy in society. He is very feebly aided, too. Montmorin is weak, though a most worthy character. He is indolent and inattentive, too, in the extreme. Luzerne is considerabl y inferior in abilities to his brother, whom you know. He is a good man, too, but so much out of his element, that he has the air of one huskanoye d. The Garde des sceaux is considered as the Principal's bull dog, braving danger like the animal. His talents do not pass mediocrity. The Archbishop 's brother, and the new minister Villedeuil, and Lambert, have no will of their own. They cannot raise money for the peace establishme nt the next year, without the States General; much less if there be war; and their administrat ion will probably end with the States General. Littlepage, who was here as a secret agent for the King of Poland, rather overreache d himself, He Correspond ence 95 wanted more money. The King furnished it, more than once. Still he wanted more, and thought to obtain a high bid by saying he was called for in America, and asking leave to go there. Contrary to his expectation , he received leave; but he went to Warsaw instead of America, and from thence to join the(l) * * * * I do not know these facts certainly, but recollect them, by putting several things together. The King then sent an ancient secretary here, in whom he had much confidence, to look out for a correspond ent, a mere letter writer for him. A happy hazard threw Mazzei in his way. He recommend ed him, and he is appointed. He has no diplomatic character whatever, but is to receive eight thousand lives a year, as an intelligence r. I hope this employment may have some permanenc e. The danger is, that he will overact his part. The Marquis de la Luzerne had been for many years married to his brother 's wife 's sister, secretly. She was ugly and deformed, but sensible, amiable, and rather rich. When he was ambassador to London, with ten thousand guineas a year, the marriage was avowed, and he relinquishe d his cross of Malta, from which he derived a handsome revenue for life, and which was very open to advanceme nt. Not long ago, she died. His real affection for her, which was great and unfeigned, and perhaps the loss of his order for so short-lived a satisfaction , has thrown him (1) Several paragraphs of this letter are in cipher. A few words here could not be deciphered . 96 Jefferson's Works almost into a state of desponden cy. He is now here. I send you a book of Dupont's, on the subject of the commercial treaty with England. Though its general matter may not be interesting , yet you will pick up in various parts of it, such excellent principles and observatio ns, as will richly repay the trouble of reading it. I send you also, two little pamphlets of the Marquis de Condorcet, wherein is the most judicious statement I have seen, of the great questions which agitate this nation at present. The new regulations present a prepondera nce of good over their evil; but they suppose that the King can model the constitutio n at will, or, in other words, that his governmen t is a pure despotism. The question then arising is, whether a pure despotism in a single head, or one which is divided among a king, nobles, priesthood, and numerous magistracy, is the least bad. I should be puzzled to decide; but I hope they will have neither, and that they are advancing to a limited, moderate governmen t, in which the people will have a good share. I sincerely rejoice at the acceptance of our new constitutio n by nine States. It is a good canvass, on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights. It seems pretty generally understood , that this should go to juries, habeas corpus, standing armies, printing, religion and monopolies. I con Correspond ence 97 ceive there may be difficulty in finding general modificatio ns of these, suited to the habits of all the States. But if such cannot be found, then it is better to establish trials by jury, the right of habeas corpus, freedom of the press and freedom of religion, in all cases, and to abolish standing armies in time of peace, and monopolies in all cases, than not to do it in any. The few cases wherein these things may do evil, cannot be weighed against the multitude wherein the want of them will do evil. In disputes between a foreigner and a native, a trial by jury may be improper. But if this exception cannot be agreed to, the remedy will be to model the jury, by giving the mediatas linguce, in civil as well as criminal cases. Why suspend the habeas corpus in insurrectio ns and rebellions? The parties who may be arrested, may be charged instantly with a well-define d crime; of course, the judge will remand them. If the public safety requires that the governmen t should have a man imprisoned on less probable testimony, in those than in other emergencie s, let him be taken and tried, retaken and retried, while the necessity continues, only giving him redress against the governmen t, for damages. Examine the history of England. See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension . They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the VOL. VII-7 98 Jefferson's Works suspension of the habeas corpus has done real good, that operation is now become habitual, and the minds of the nation almost prepared to live under its constant suspension . A declaration , that the federal governmen t will never restrain the presses from printing anything they please. will not take away the liability of the printers for false facts printed. The declaration , that religious faith shall be unpunishe d, does not give impunity to criminal acts, dictated by religious error. The saying there shall be no monopolies lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of fourteen years; but the benefit of even limited monopolies is too doubtful, to be opposed to that of their general suppressio n. If no check can be found to keep the number of standing troops within safe bounds, while they are tolerated as far as necessary, abandon them altogether, discipline well the militia, and guard the magazines with them. More than magazine guards will be useless, if few, and dangerous, if many. No European nation can ever send against us such a regular army as we need fear, and it is hard, if our militia are not equal to those of Canada or Florida. My idea then, is, that though proper exceptions to these general rules are desirable, and probably practicable , yet if the exceptions cannot be agreed on, the establishme nt of the rules, in all cases, will do ill in very few. I hope, therefore, a bill of rights will be formed, to guard the people against the Correspond ence 99 federal governmen t, as they are already guarded against their State governmen ts, in most instances. The abandoning the principle of necessary rotation in the Senate, has, I see, been disapprove d by many; in the case of the President, by none. I readily, therefore, suppose my opinion wrong, when opposed by the majority, as in the former instance, and the totality, as in the latter. In this, however, I should have done it with more complete satisfaction , had we all judged from the same position. Solicitation s, which cannot be directly refused., oblige me to trouble you often, with letters recommendi ng and introducin g to you, persons who go from hence to America. I will beg the favor of you, to distinguish the letters wherein I appeal to recommend ations from other persons, from those which I write on my own knowledge. In the former, it is never my intention to compromit myself or you. In both instances, I must beg you to ascribe the trouble I give you, to circumstan ces which do not leave me at liberty to decline it. I am, with very sincere esteem, dear Sir, your affectionat e friend and servant. TO COLONEL W. S. SMITH. PARIS, August 2, 1788. DEAR SIR * * * * * * * You arrived just in time to see the commencement of a new order of things. Our political machine is now pretty well wound up; but are the spirits of our 100 . Jefferson's Works people sufficiently wound down to let it work glibly? I trust it is too soon for that, and that we have many centuries to come yet before my countryme n cease to bear their governmen t hard in hand. This nation is rising from the dust. They have obtained as you know, provincial assemblies, in which there will be a more pez-fect representa tion of the people than in our State assemblies; they have obtained from the King a declaration that he cannot impose a new tax without the consent of the States General, and a promise to call the States General. When these meet, they will endeavor to establish a declaration of rights, a periodical national asscmbly, and a civil list. I am in hopes that ev en a war vvill not interrupt this work. Whether, or rather when, this will come upon them, is still uncertain. I do not think the present ill humor between them and England can be cleared up but by a war, and that it is not very distant. England, Holland and Prussia, have now settled their alliance. Sweden has shown disposition s to take side with the Turks, and both, in the event of a general war, would be in the English scale. The contrary one would be formed by France, Spain, and the two empires. It even seems possible that Denmark will attach itself to France instead of England, rather than not be opposed to Russia. The symptoms of this as yet, however, are sli.ght. The victory lately obtained by our Admiral Paul Jones over the Captain Pacha, will prociuce a great effect on the Turkish war. He burnt six of his vessels, among 101 Correspond ence which was that of the Captain Pacha, and that also of his vice-admir al, took two, and made between three and four thousand prisoners, and this with a much inferior force. It was the effect of a gross error in the Captain Pacha, instantaneo usly and dexterousl y taken advantage of by Paul Jones, who hemmed them up in the swash at the mouth of the Boristhene s, so that their vessels buried themselves in the muil, where they were burnt. The Captain Pacha escaped in a small vessel. His flag fell into the hands of the Russians. Let me hear from you sometimes, assured I shall always be interested in your success. Present me in the most friendly terms to Mrs. Smith, and accept the best affection of, dear Sir, your friend and servant. P. S. August 6th. Later accounts of the actions between the Russians and Turks, informs us that Paul Jones commanded the right wing of the little fleet of galleys, etc., in the first action, which was not at all decisive, but that when the second and decisive action took place, which was still by the galleys, etc., the Prince of Nassau alone commanded , Paul Jones being absent with the ships of war which he commands. TO JOHN ADAMS, ESQ. PARIS, August 2, 1788. DEAR SIR,-I have received with a great deal of pleasure the account of your safe arrival and joyful 102 Jefferson's Works reception at Boston. Mr. Cutting was so kind as to send me a copy of the address of the Assembly to you and your answer, which, with the other circumstan ces, I have sent to have published in the gazettes of Leyden, and in a gazette here. It will serve to show the people of Europe that those of America are content with their servants, and particularl y content with you. The war with the Turks, Russians, and Austrians, goes on. A great victory obtained on the Black Sea over the Turks, as commanded by the Captain Pacha, by the Russians, commanded by Admiral Paul Jones, will serve to raise the spirits of the two empires. He burnt six ships, among which was the admiral's and vice-admir al's, took two, and made between three and four thousand prisoners. The Swedes having hastily armed a fleet of about sixteen sail of the line, and marched an army into Finland, the King at the head of it, made us believe they were going to attack the Russians. But when their fieet met with three Russian ships of one hundred guns each, they saluted and passed them. It is pretty well understood that the expenses of this armament are paid by the Turks, through the negotiation s of England. And it would seem as if the King had hired himself to strut only; but not to fight, expecting probably that the former would suffice to divert the Russians from sending their fleet round to the Mediterran ean. There are some late symptoms which would indicate that Denmark would still be opposed to Sweden, though she 103 Correspond ence should shift herself into the opposite scale. The alliance between England, Holland and Russia, is now settled. In the meantime, this country is losing all its allies one by one, without assuring to herself new ones. Prussia, Holland, Turkey, Sweden, are pretty certainly got, or getting into the English interest, and the alliance of France with the two empires is not yet secured. I am in hopes her internal affairs will be arranged without blood. None has been shed as yet. The nation presses on sufficiently upon the governmen t to force reformation s, without forcing them to draw the sword. If they can keep the opposition always exactly at this point all will end well. Peace or war, they cannot fail now to have the States General, and I think in the course of the following year. They have already obtained the provincial Assemblies as you know. The King has solemnly confessed he cannot lay a new tax without consent of the States General, and when these assemble they will try to have themselves moulded into a periodical assembly, to form a declaration of rights, and a civil list for the governmen t. The Baron de Breteuil has lately retired from the ministry, and has been succeeded by M. de Villedeuil. Monsieur de Malesherbe s will probably retire. The Marquis de La Fayette, with several others, have lately received a fillip for having assembled to sign a memorial to the King, which had been sent up from Brittany. They took from the Marquis a particular command which he was to have exercised during the Jefferson's Works months of August and September this year in the south of France. Your friends the Abbés are well, and always inquire after you. I shall be happy to hear from you from time to time, to learn State news and State politics, for which I will give you in retur those of this quarter of the earth. I hope Mrs. Adams is well ; I am sure she is happier in her own country than any other. Assure her of my constant friendship, and accept assurances of the same from , dear Sir, your most obedient, and most humble servant. P. S. Make freely any use of me here which may be convenient either for yourself or Mrs. Adams. P. S. August 6. Later accounts inform us that there have been two actions between the Russians and Turks. The first was of the galleys on both sides. In this, Paul Jones being accidentall y present, commanded the right wing. The Russians repulsed the Turks. The second action was of the Russian galleys against the Turkish ships of war. The effect was what is stated in the preceding letter. But the command was solely in the Prince of Nassau. Faul Jones with his fleet of ships of war being absent, Prince Potemkin immediately got under march for Ocza kow, to take advantage of the consternati on it was thrown into. The Swedes have commenced hostilities against the Russians, and war against them is consequent ly declared by the Empress. 105 Correspond ence TO JOHN JAY. PARIS, August 3, 1788. SIR,-My last letters to you were of the 4th and 23d of May, with a postscript of the 27th Since that, I have been honored with yours of April the 24th May the 16th and June the th. The most remarkable internal occurrence s since my last, are thcse. The Noblesse of Bretagnc, who had received with so much warmth the latc innovations in the governmen t, assembled, and drew up a memorial to the King, and chose twelve members of their body to come and present it. Among these was the Marqtzis de La Rouerie, (Colonel Az-mand). The King, considerin g the Noblesse as having no legal right to assemble, dcclined receiving the memorial. The deputies, to give greater weight to it, called a meeting of the landed proprietors of Bretagne, resident at Paris, and proposed to them to add their signatures. They did so, to the number of about sixty, of whozn the Marduis de La Fayctte was one. The twelve deputies, for having called b this meeting, were immeiliately sent to the Bastile , where they now are, and the Parisian signers were deprived of such favors as they held of the court. There were only four of them, however, who held anything of that kind. The Marquis de La Fayette was one of these. They had given him a military command, to be exercised in the south of France , during the months of August and September of the 106 Jefferson's Works present year. This they took from him; so that he is disgraced, in the ancient language of the court, but in truth honorably marked in the eyes of the nation. The ministers are so sensible of this, that they have had, separately, private conference s with him, to endeavor, through him, to keep things quiet. From the character of the province of Bretagne, it was much apprehend ed, for some days, that the imprisonment of their deputies would have produced an insurrectio n. But it took another turn. The Cours interediare of the province, acknowledg ed to be a legal body, deputed eighteen members of their body to the King. To these he gave an audience, and the answer, uf which I send you a copy. This is hard enough. Yet I am in hopes the appeal to the sword will be avoided, and great znodificatio ns in the govexnmen t be obtained, without bloodshed. As yet, none has been spilt, according to the best evidence I have been able to obtain, notwithsta nding what the foreign newspaper s have said to the contrary. The convocatio n of the States General has now become inevitable. Whenever the time shall be announced certainly, it will keep the nation quiet till they meet. According to present probabilitie s, this must be in the course of the next summer; but to what movements their meeting and measures may give occasion, cannot be foreseen. Should a foreign war take place, still they must assemble the States General, because they cannot, but by their aid, obtain money to carry it on. Monsieur de Ma lesherbes will, I believe, retire Correspond ence 107 from the King's Council. He has been much opposed to the late acts of authority. The Baron de Breteuil has resigned his secrctarys hip of -the domestic department ; certainly not for the same reasons, as he is known to have been of opinion, that the King had compromitt ed too much of his authority. The real reason has probably been an impatience of acting under a principal rninister. His successor is M. de Villedeuil, lately Comptroller General. The Ambassado rs of Tippoo Saib have arrived here. If their mission has any other object than that of pomp and ceremony, it is not yet made known. Though this court has not avowed that they are in possession of Trincomale, yet the report is believed, and that possession was taken by General Conway in consequenc e of orders given in the moment that they thought a war certain. The dispute with the States General of the United Netherland s, on account of the insult to M. de St. Priest, does not tend as yet, towards a settlement. He has obtained leave to go to the waters, and perhaps, from thence he may come to Paris, to await events. Sweden has commenced hostilities against Russia, by the taking a little fortress by land. This having been thei.r intenti.on, it is wonderful that when their fleet lately met three Russian ships of one hundred guns each, they saluted instead of taking them. The Empress has declared war against them in her turn. It is well understood that Sweden is set on by England, and paid by the Turks. The prospect of Russia has much brightened 108 Jefferson's Works by some late successes. Their fleet of galleys and gunboats, twenty-sev en in number, having been attacked by fifty-seven Turkish vessels of the same kind, commanded by the Captain Pacha, these were repulsed, with the loss of three vessels. In the action which was on the 18th of June, Admiral Paul Jones commanded the right wing of the Russians, and the Prince of Nassau, the left. On the 26th of the same month, the Turkish principal fleet, that is to say, their ships of the line, frigates, etc., having got themselves near the swash, at the mouth of the Boristhene s, thenes Prince of Nassau took advantage of their position, attacked them while so engaged in the mud that they could not manoeuvre, burnt six, among which were thc admiral's, and vice-admir al's, took two, and made between three and four thousand prisoners. The first reports gave this success to Admiral Paul Jones; but it is now rendered rather probable that he was not there, as he commands the vessels of war which arc said not to have been there. It is supposed that his presence in the affair of the 18th, was accidental. But if this success has been so complete as it is represente d, the Black Sea must be tolerably open to the Russians: in which case, we may expect, from what we know of that officer, that he will improve to the greatest advantage the situation of things on that sea. The Captain Pacha's standard was taken in thc last action, and himself obliged to make his escape in a small vessel. Prince Potemkin immediately got under march for Ocza 109 Correspond ence kow, to take advantage of the consternati on into which that place was thrown. The Spanish squadron, after cruising off the western isles and Cape St. Vincent, has returned into port. A dispute has arisen between the Papal See and the King of Naples, which may, in its progress, enable us to estimate what degree of influence that See retains at the present day. The kingdom of Naples, at an early period of its history, became feudatory to the See of Rome, and in acknowledg ment thereof, has annually paid a hackney to the Pope in Rome, to which place it has always been sent by a splendid embassy. The hackney has been refused by the King this year, and the Pope giving him three months to return to obedicnce, threatens, if he does not, to proceed seriously against him. About three weeks ago, a person called on me and informed me that Silas Deane had taken him in for a sum of one hundrcd and twenty guineas, and that being unable to obtain any other satisfaction , he had laid hands on his account look and letter book, and had brought them off to Paris, to offer them first to the United States, if they would repay him his money, and if not, that he should return to London, and offer them to the British Minister. I desired him to leave thezn with me four-and-t wenty hours, that I might judge whether they were worth our notice. He did so. They were two volumes. One contained all his accounts with the United States, from his first coming to Europe, to January the 10th, 1781. Presuming 110 Jefferson's 'Works that the treasury board was in possession of this account till his arrival in Philadelphi a, August, 177g, and that he had never given in the subsequent part, I had that subsequent part copied from the book, and now enclose it, as it may, on some occasion or other, perhaps be useful in the treasury office. The other volume contained all his correspond enees from March the 3oth to August the 23d 1777· I had a list of the letters taken, by their dates and addresses, which will enable you to form a general idea of the collection. On perusal of many of them, I thought it desirable that they should not come to the hands of the British Minister, and from an expression dropped by the possessor of them, I believe he would have fallen to fifty or sixty guineas. I did not think them important enough, however, to justify my purchasing them without authority; though, with authority, I shotzld have done it. Indeed, I would have given that szzm to cut out a single sentence, which contained evidence of a fact, not proper to be committed to the hands of enemies· I told him I would state his proposition to you, and await orders. I gave him back the books, and he returned to London without making any promise that he would await the event of the orders you might think proper to give. News of the accession of nine States to the new form of federal governmen t, has been received here about a week. I have the honor to congratulat e you sincerely on this event. Of its effect at home, Correspond ence 111 you are in the best situation to judge. On this side the Atlantic it is considered as a very wise reformation . In consequenc e of this, speculation s are already begun here, to purchase up our domestic liquidated debt. Indeed, I suspect that orders may have been previously lodged in America to do this, as soon as the new Constitutio n was accepted effectually. If it is thought that this debt should be retained at home, thcre is not a moment to lose; and I know of no means of retaining it, but those I suggested to the treasur y board, in my letter to them of March the 29th. The transfer of these debts to Europe, will exclusively embarrass, and perhaps totally prevent the borrowing any money in Europe, till these shall be paid off. This is a momentous object, and in my opinion should receive instantaneo us attention. The gazettes of France, to the departure of my letter, will accompany it, and those of Leyden to the zzd of July, at which time their distributio n in this country was prohibited. How long the prohibition may continue, I cannot tell. As far as I can judge, it is the only paper in Europe worth reading. Since the suppressio n of the packet boats, I have never been able to find a safe conveyance for a letter to you, till the present by Mrs. Barclay. Whenever a confidentia l person shall be going from hence to London, I shall send my letters for you to the care of Mr. Trumbull, who will look out for safe conveyance s. This will render the epochs of my writing 112 Jefferson's Works very irregular. There is a proposition under considerati on, for establishin g packet boats on a more economical plan, from Havre to Boston; but its success is uncertain, and still more, its duration. I have the honnr to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO COLONEL MONROE. PARIS, August 9, 1788. DEnR SIR,-Since my last to you, I have to thank you fnr your favors of July the 27th, I877, and April the Ioth, I 788, and the cletails they contained; and in return, will give you now the leading circumstan ces of this continent. * * * * This nation is, at preserit, under great internal agitation. The authority of the crown on one part, and that of the parliaments on the other, are fairly at issue. Good men take part with neither, but have raised an opposition, the object of which is, to obtain a fixed and temperate constitutio n. There was a moment, when this opposition ran so high, as to endanger an appeal to arms, in which case, perhaps, it would have becn crushed. The moderation of governmen t has avoided this, and they are yiel.ding daily, one right after another, to the nation. They have given them Provincial Assemblies, which will be very perfect representa tions of the nation, and stand. somewhat in the place of our State Assemblies; Correspond ence 113 they have reformed the criminal law; acknowledg ed the King cannot lay a new tax, without the consent of the States General; and they will call the States General the next year. The object of this body, when met, will be a bill of rights, a civil list, a national assembly meeting at certain epochs, and some other matters of that kind. So that I think it probable, this country will, within two or three years, be in the enjoyment of a tolerably free constitutio n, and that without its having cost them a drop of blood; for none has yet been spilt, though the English papers have set the whole nation to cutting throats. * * * * * * * * Be assured of those sentiments of esteem and attachment with which I am dear Sir, your friend and servant. TO MONSIEUR DE CREVE-COE UR. PARIS, August 9, 1788. DEAR SIR,-While our second revolution is just brought to a happy end with you, yours here is but cleverly under way. For some days, I was really melancholy with the apprehensi on, that arms would be appealed to, and the opposition crushed in its first efforts. But things seem now to wear a better aspect. While the opposition keeps at its highest wholesome point, governmen t, unwilling to draw the sword, is not forced to do it. The contest here is exactly what it was in Holland: a contest between the monarchica l VOL. VII-8 114 Jefferson's Works and aristocratic al parts of the governmen t, for a monopoly of despotism over the people. The aristocracy in Holland, seeing that their common prey was likely to escape out of their clutches, chose rather to retain its former portion, and therefore coalesced with the single head. The people remained victims. Here, I think, it will take a happier turn. The parliamenta ry part of the aristocracy is alone firmly united. The Noblesse and Clergy, but especially the former, are divided party between the parliamenta ry and the despotic party, and partly united with the real patriots, who are endeavorin g to gain for the nation what they can, both from the parliamenta ry and the single despotism. I think I am not mistaken in believing that the King and some of his ministers are well affected to this band; and surely, that they will make great cessions to the people rather than smalI orzes to thc parliament. They are, accordingl y, yielding daily to the national reclamation s, and will probably end, in according a well-tempe red constitutio n. They promise the States General for the next year, and I have good information that an Arret will appear the day after tomorrow, announcing them for May, 1789. How they will be composed, and what they will do, cannot be foreseen. Their convocatio n, however, will tranquillize the public mind, in a great degree, till their meeti.ng. There are, however, two intervenin g difficulties: I. Justice cannot till then continue completely suspended, as it now is. The parliament will not resume their functions, but Correspond ence I I 5 in their entire body. The baillages are afraid to accept of them. What will be done? 2. There are well-found ed fears of a bankruptc y before the month of May. In the meantime, the war is spreading from nation to nation. Sweden has commenced hostilities against Russia; Denmark is showing its teeth against Sweden; Prussia against Denmark; and England too deeply engaged in laying the back game, to avoid coming forward, and dragging this country and Spain in with her. But even war will not prevent the assembly of the States General, because it cannot be carried on without them. War, however, is not the most favorable moment for divesting the monarchy of power. On the contrary, it is the moment when the energy of a single hand shows itself in the most seducing form. A very con.siderab le portion of this country has been desolated by a hail. I considered the newspaper accounts, of hailstones of ten pounds weight, as exaggeratio ns. But in a conversatio n with the Duke de La Rochefouca ult, the other day, he assured me, that though he coulil not say he had seen such himself, yet he considered the fact as perfectly established . Great contributio ns, public and private, are making for the sufferers. But they will be like the drop of water from the finger of Lazarus. There is no remedy for the present evil, nor way to prevent future ones, but to bring the people to such a state of ease, as not to be ruined by the loss of a single crop. This hail may be considered as the coup de grace to 116 Jefferson's Works an expiring victim. In the arts, there is nothing new cliscovered since you left us, which is worth communicat ing. Mr. Payne's iron bridge was exhibited here, with great approbatio n. An idea has been encouraged , of executing it in three arches, at the King's garden. But it will probably not be done. I am, with sentiments of perfect esteem and attachmcnt, dear Sir, your most obedient, and most humble servant. TO J. BANNISTER , JR., ESQ. PARIs, August 9, 1788. DEAR SIR - * * * * * * * , This country at present is extremely agitated by the disputes between thc Ki.ng and his parliaments . Between these two parties there is a middle patriotic one, proceeding with a steady step to recover from both what they can for the n.ation, and I think they will obtain a pretty good constitutio n. It is now pretty certain they will call the States General the next year, and probably in the month of May. It is expected that Assembly will endeavor to fix some certain limits to the royal authority. The Swedes have commenced hostilities against the Russians, and obtained a small advantage in an engagemen t on the Baltic. The Russians have had two considerabl e actions on the Black Sea with the Turks. The first was in their favor, the second a complete victory. In the first, Admiral PatIl Jones commanded the Correspond ence 117 right wing. He was not at the second action. He commands the ships of war on that sea. Both actions were by the Russian galleys, command.e d by the Prince of Nassau, and Pau1 Jones seems to have been accidentall y present in the first. These victories will probably have a great effect. This country wishes to keep out of the war, but I doubt the possibility of it. Your affectionat e friend and humble servant. TO HIS EXCELLENC Y THE COUNT DE MOUSTIER. PARIS, August g, 1788. DEAR SIR,-Thoug h your numerous and wellinforme d correspond ents here must keep you constantly au courant of what passes in Europe, yet I cannot relinquish the privilege of writing to you altogether, merely because I can tell you nothing but what you learn better from other hands. You will have heard of the astonishing revolution in the politics of Sweden, which has lately carried her into the scale favored by England and opposed to France. Hostilities were comrnence d by the Swedes, by the attack of a small Russian post. They pretend the Russians had previously entered on their territory and burnt a village or two, but it is believed that this pretended aggression was by Swedes themselves in Cossack dress, to give a color for hostilities where none existed bcfore. It is said, and believed, there has been a naval action on the I3altic, wherein the I I8 Jefferson's Works Russians were obliged to retire, with the loss of two ships. But the latter have been more fortunate in two actions against the Turks, on the Black Sea. In the first, they but barely repulsed the Turks, with the loss of three vessels of the latter. In the second, they obtained a complete and decisive victory. I think there is a hope that Denmark will still oppose itself to Sweden. If so, the balance of naval power will still be preserved in some degree; for though Sweden may return to France on a future occasion if the latter should not be obliged to enter into the present war, if she does enter into it, I apprehend Sweden will ultimatcly arrange herself with the adverse party. And that she must enter into, in the long run, I think extremely probable. I sincerely wish this may not be, till she shall have arranged her internal affairs. These, in my opinion, are going on in the fairest way possible to produce good to the body of the nation. The progress already made is great, and the cry for further improveme nt, without being strong enough to induce governmen t to draw the sword and crush the opposition, is strong enough to goad them on towards the establishme nt of a constitutio n. I think that among the ministers themselves there are some good patriots who are not entirely displeased at this degree of violence. It is already announced that the States General will be called in 1789, and I have tolerably good information that an Arret will appear the day after tomorrow announcing them. for May, 1789; but my 119 Correspond ence letters must go off to-morrow, so that this intelligence cannot be confirmed in them. You will have heard that the Baron de Breteuil is retired, and Monsieur de Villedeuil in his place. M. de Malesherbe s has endeavored to retire, but as yet he is overpowere d by strong intercessio n. The Marechal de Richelieu died yesterday. The Maréchal de Vaux is at the point of death in Dauphine. The Ambassado rs of 'Tippoo Saib are to be received to-morrow at Versailles in grcat pomp. I go to see this jeu d'enfants. I wish Madame de Brehan could be there to paint it. By this time, I am afraid she is ready to do justice to my information on the subject of my own country, that the Cultivateur Americaine had been too much disposed to see the fair side; that it had two sides as well as all other countries, etc. I beg her indulgence for our foibles, and a continuanc e particularl y of her parti.ality to me. Be so good as to present me very affectionat ely to her, and to be assured of the sincerity of the esteem and attachment with which I have the honor to be, dear Sir, your most obedient, and most humble servant. TO JOHN JAY. PARIS, August 10, 1788. SIR,-I have waited till the last moment of Mrs. Barclay's departure, to write you the occurrence s since my letter of the 3d instant. We have received the Swedish account of an engagemen t between their 120 Jefferson's Works fleet and the Russian, on the Baltic, wherein they say they took one, and burned another Russian vessel, with the loss of one on their side, and that the victory remained with them. They say, at the same time, that their fleet returned into port, and the Russians kept the sea; we must, therefore, suspend our opinion, til1 we get the Russian version uf this engagemen t. Thc Swedish manifesto was handed about to-day at Versailles, by the Swedish ambassador , in manuscript . The King complains that Russia has leen ever endcavorin g to sow divisions in his kingdom, in order to re-establis h the ancient constitutiu n; thit he has lon.g borne it, through a love of pcace, but finds it no longer bearable; that still, however, he Zvill make peace on these conditions: I, that the Zmpr ess punishes her Minister for the note he gave in to the court of Stockholm; z, that she rcstore Crimea to the Turks ; and 3, that she repay to him all the expelZses of his armament. 'rh Russian furcc in vessels of war, on the Black Sea, are five fr igates and threc shi1s of the line; .but those of the line are shut up in 1ort, and cannot come out, till Oczakow shall be taken. This fleet is commanded by Paul Jones, vith the rank of rear-admir al. The Pr ince of Nassau cummands the galleys and gunboats. It is now ascertained that the States General will assemlle the nezt year, and probably in the month of Mar. T iloo Saib 's ambassador s had their recction tu-day at Versailles, with unusual pomp. The presence was so numerous, that little Correspond ence 121 could be caught of what they said to the King, and he answered to them; from what little I could hear, nothing more passed than mutual assurances of good will. The name of the Marchal de Richelieu is sufficiently remarkable in history, to justify my rentioning his death, which happened two days ago: he was aged ninety-two years. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant. TO JOHN JAY. Paris, August 11, 1788. SIR,-In my letter of the last night, written in the momcnt of Mrs. Barclay's departure, I had the honor of mentioning to you, that it was now pretty certain that the States General would be assembled in the next year, and probably in the month of May. This morning an Arret is published, announcing that their meeting is fixed on the first day of May next, o£ which I enclose you a copy b5r post, in hopes it will get to Bordeaux in time for Mrs. Barclay. This Arret ought to have a great effect towards tranquillizi ng the nation. There are still, however, two circumstan ces which must continue to perplex the administrat ion. The first is, the want of money, occasioned not only by the difficulty of filling up the loan of the next y ear, but by thc w ithholding the ordinary supplies of taxes, vlzich is said to have taken place in I22 Jefferson's Works some instances: this gives apprehensi on of a bankruptc y under some form or other, and has occasioned the stocks to fall in the most alarming manner. The second circumstan ce is, that justice, both civil and criminal, continues suspended. The parliament will not resume their functions, but with their whole body and the greater part of the baillages declined acting; the prcsent Arret announces a perseveran ce in this plan. I have information from Algiers, of the 5th of June, that the plague is raging there with great violence; that one of our captives was dead of it, and another ill, so that we have there, in all, now, only fifteen or sixteen; that the captives are more exposed to its ravages than others; that the great redemption s by the Spaniards, Portuguese and Neapolitans , and the havoc made by the plague, had now left not more than four hundred slaves in Algiers; so that their redemption was become not only exorbitant, but almost inadmi.ssib le; that common sailors were held at four hunclred pounds sterling, and that our fifteen or sixteen could probably not be redeemed for less than from twenty-fiv e to thirty thousand dollars. An Algerine cruiser, having twenty-eig ht captives of Genoa aboard, was lately chased ashore by two Neapolitan vessels; the crew and captives got safe ashore, and the latter, of course, recovered their freedom. The Algerine crew was well treated, and would be sent back by the French. But the governmen t of Algiers demands of France sixty thousand sequins, or twenty-sev en thousand pounds Correspond ence I23 sterling, for the captives escaped; that is, nearly one thousand pounds each. The greater part of the regency were for an immediate declaration of war against France; but the Dey urged the heavy war the Turks were at present engaged in; that it would be better not to draw another power on them, at present; that they would decline renewing the treaty of one hundred years, which expired two years ago, so as to be free to act hereafter; but for the present, they ought to accept payment for the captives as a satisfaction . They accordingl y declared to the French consul that they would put him and all his countryme n there into irons, unless the sixty thousand sequins were paid; the consul told them, his instruction s were, positively, that they should not be paid. In this situation stood matters between that pettifoggin g nest of robbers, and this great kingdom, which will finish, probably, by crouching under them, and paying the sixty thousand sequins. From the personal characters of the present administrat ion, I should have hoped, under any other situation than the present, they might have ventured to quit the beaten track of politics hitherto pursued, in which the honor of their nation has been calculated at nought, and to join in a league for keeping up a perpetual cruise against these pirates, which, though a slow operation, would be a sure one for destroying all their vessels and seamen, and turning the rest of thezn to agriculture . But a desire of not bringing upon themselves another diffi I24 Jefferson's Works culty, will probably induce the ministers to do as their predecesso rs have done. August 1z. The enclosed paper of this morning, gives some particulars of the action between the Russians and Swedes, the manifesto of the Empress, and the declaration of the court of Versailles, as to the affair of Trincomcal e. I have the honor to be, with sentiments of perfect estcem and respect, Sir, your most obedient, and most humble servant. TO WILLIAM CARMICHAE L. PARIS, August I2, 1788 DEAR SIR,-Since my last to you, I have been honored with yours of the 18th and 29th of May, and Sth of June. My latest American intelligence is of the 24th of June, when nine certainly, and probably ten States, had accepted the new Constitutio n, and there was no doubt of the eleventh (North Carolina), because there was no opposition there. In New York, two-thirds of the State were against it, and certainly, if they had been called to the decision in any other stage of the business, they would have rejected it; but before they put it to the vote, they would certainly have heard that eleven States had joined in it, and they would find it safer to go with those eleven, than put themselves into opposition, with Rhode Island only. Though I am much pleased with this succcssful issue of the new Constitution, yet Correspond ence I25 I am more so, to find that one of its principal defects (the want of a declaration of rights) will pretty certainly be remedied. I suppose this, because I see that both people and convention s, in almost every State, have concurred in demanding it. Another defect, the perpetual re-eligibilit y of the same President, will probably not be cured during the life of General Washington . His merit has blinded our countryme n to the danger of making so important an officer re-eligible. I presume there will not be a vote against him in the United States. It is more doubtful who will be Vice-Presid ent. The age of Dr. Franklin, and the doubt whether he would accept it, are the only circumstan ces that admit a question, but that he would be the man. After these two characters of first magnitude, there are so many which present themselves equally, on the second line, that we cannot see which of them will be singled out. John Adams, Hancock, Jay, Madison, Rutledge, will all be voted for. Congress has acceded to the prayer of Kentucky, to become an independen t member of the Union. A committee was occupied in settling the plan of receiving them, and their governmen t is to commence on the 1st day of January next. You are, I dare say, pleased, as I am, with the promotion of our countryma n, Paul Jones. He commanded the right wing, in the first engagemen t between the Russian and Turkish galleys; his absence from the second proves his superiority over the Captain Pacha, as he did not choose to bring his ships I 26 Jefferson's Works into the shoals in which the Pacha ventured, and lost those entrusted to him. I consider this officer as the principal hope of our future efforts on the ocean. You will have heard of the action between , the Swedes and Russians, on the Baltic; as yet, we ' have only the Swedish version of it. I apprehend this war must catch from nation to nation, till it becomes general. With respect to the internal affairs of this country, I hope they will be finally well arranged, and without having cost a drop of blood. Looking on as a by- stander, no otherwise interested, than as entertain- ing a sincere love for the nation in general, and a wish to sec their happiness promoted, keeping myself clear of the particular views and passions of individuals , I applaud extremely the patriotic proceeding s of the present ministry. Provincial Assemblies estab- lished, the States General called, the right of taxing the nation without their consent abandoned, corvees abolished, torture abolished, the criminal code re- formed, are facts which will do eternal honor to their administrat ion, in history. But were I their his- torian, I should not equally applaud their total abandonme nt of their foreign affairs. A bolder front in the beginning would have prevented the first loss, and, consequent ly, all the others. Hol- land, Prussia, Turkey and Sweden, lost without the acquisition of a single new ally, are painful reflec- tions, for the friends of France. They may, indeed, - have in their places, the two empires, and perhaps Correspond ence 127 Denmark; in which case, physically speaking, they will stand on as good ground as before, but not on as good moral ground. Perhaps, seeing more of the internal working of the machine, they saw, more than we do, the physical impossibilit y of having money to carry on a war. Their justificatio n must depend on this, and their atonement, on the internal good they are doing to their country; this makes me completely theil- fri.end. I am, with great esteem and attachment, dear Sir, your friend and servant. TO MR. J. RUTLEDGE; , JUNIOR. PARIS, AllgllSt I 2, I 788. DEaR SIR,-Oblige ci tu rlake oTe letter serve for yourself and Mr. Shililen, I have the honor to acknowledg e the receipt of your favor of August the Ist, and his of July the I 2th and 3 I St. By news from Virginia of the Izth of June, when their convention had been eleven days in session, there was no doubt but that she, soon after that date, would give the ninth vote in favor of the new Constitutio n. lVew Hampshire acceded to it on the z4th of June. Of North Carolina no doubt is entertained . Congress have agreed to the independen ce of Kentucky. An Arret was published here yesterday announcing that the convocatio n of the States General should be for the Ist of May next, arld in the meantime suspending the cours plenierc, but lersevering in the 128 Jefferson's Works parliamenta ry reform. This, I think, secures the reformation of their constitutio n without bloodshed. You will already have heard of the commencem ent of hosti.lities between Sweden and Russia. This war; I think, will catch from nation to nation till it becomes general. I imagine you will find it unsafe to proceed from Vienna to Constantin ople. I do not think the object will justify any personal risk. Mr. Short is not yet decided as to his route, or the time of his beginning it. I am with very great esteem, dear Sir, your friend and servant. TO JOHN JAY. PARIS, August 20, 1788. SIR,-I had the honor to write to you on the 3d, 10th, and 11th instant, with a postscript of the 12th; all of which went by Mrs. Barclay. Since that date, we have received ·an account of a third victory obtained by the Russians over the Turks, on the Black Sea, in which the Prince of Nassau, with his galleys, destroyed two frigates, three smaller vessels, and six galleys. The Turkish power on that sea, is represente d by their enemies as now annihilated . There is reason to believe, however, that this is not literally true, and, that aided by the supplies furnished by the English, they are making extraordina ry efforts to re-establis h their marine. The Russian Minister here has shown the official report of Admiral Greigh, on the combat of July the 17th, in which he Correspond ence I 29 claims the victory, and urges in proof of it, that he kept the field of battle. This report is said to have been written on it. As this paper, together with the report of the Swedish admiral, is printed in the Leyden gazette of the 15th instant, I enclose it to you. The court of Denmark has declared, it will furnish Russia the aid stipulated in their treaty; and it is not doubted they will go beyond this, and become principals in the war. The next probable moves are, that the King of Prussia will succor Sweden; and Poland, Russia, by land; and a possible consequenc e is, that England may send a squadron into the Baltic, to restore equilibrium in that sea. In my letter uf the 11th, I observed to you, that this country would have two difficulties to struggle with, till the meeting of their States General, and that one of these was the want of money: this has, in fact, overborne all their resources, and the day before yesterday, they published an Arret, suspending all reimbursem .ents of capital, and reducing the payments of the principal mass of demands for interest, to twelve sous in the livre; the remaining eight sous to be paid with certificates . I enclose you a newspaper with the Arret. In this paper, you will see the exchange of yesterday, and I have inserted that of the day before, to show you the fall. The consternati on is, as yet, too great to let us judge of the issue. It will probably ripen the public mind to the necessity of a change in their constitutio n, and to the substitutin g the collected wisdom of the whole, in place of a single will, by voL. vII-9 Jefferson's Works 130 which they have been hitherto governed. It is a remarkable proof of the total incompeten cy of a single head to govern a nation well, when, with a revenue of six hundred millions, they are led to a declared bankruptc y, and to stop the wheels nf governmen t, even in its most essential movements, for want of money. I send the present letter by a private conveyance to a sea port, in hopes a conveyance may be found by some merchant vessel. I havc the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. Tn MR. CUTTING. PARIS, August 23, 1788. DEaR SIR,-I have duly received your favors of the 3d, 8th, 14th and 15th instant, and have now the honor of enclosing you a letter of introductio n to Doctor Ramsay. I thin.k a certainty that England and France must enter into the war, was a great inducement to the ministry here, to suspend the portion of public pay.. ments which they have lately suspended. By this operation, they secure two hundred and three millions of livres, or eight millions and a half of guineas; in the course of this and the ensuing year, which will be suffcient for the campaign of the first year: for what is to follow, the States General must provide. 131 Correspond ence The interesting question now is, how the States General shall be composed? There are three opinions. I. To place the three estates, Clergy, Noblesse, and Commons, in three different Houses. The Clergy would, probably, like this, and some of the Nobility; but it has no partisans out of those orders. 2. To put the CIeI-gy and Noblesse into one House, and the Commons into another. The Noblesse will be generally for this. 3. To put the three orders into one House, and make the Commons the majority of that House. This rcunites the greatest number of partisans, and I suspect it is well patronized in the ministry, who, I am persuaded, are proceeding bona fide, to improve the constitutio n of their country. As to the opposition which the English expect from the personal character of the King, it proves they do not know what his personal character is. He is the honestest man in his kingdom, and the most regular and economical. He has no foible which will enlist him against the good of his people; and whatever constitutio n will promote this, he will befriend. But he will not befriend it obstinately : he has given repeated proofs of a readiness to sacrifice his opinion to the wish of the nation. I believe he will consider the opinion of the States General, as the best evidence of what will please and profit the nation, and will conform to it. All the characters at court may not be of this disposition, and from thence may, possibly, arise representa tions, capable of leading the King astray; but upon a full view of all circumstan ces 132 Jefferson's Works I have sanguine hopes, that such a constitutio n will be established here, as will regenerate the energy of the nation, cover its friends, and make its enemies tremble. I am, with very great esteem, dear Sir, your friend and servant. TO JOHN JAY. PARIS, September 3, 1788. SIR,-By Mrs. Barclay I had the honor of sending you letters of the 3d, 10th and 11th of August: since which, I wrote you of the zoth of the same month, by a casual conveyance , as is the present. In zny letter of the 2oth, I informed you of the act of public bankruptc y which had taken place here. The effect of this would have been a forced loan of about one hundrecl and eighty millions of livres, in the course of the present and ensuing year. But it did not yicld a sufficient immediate relief. The treasury became literally moneyless, and all purposes depending on this mover, came to a stand. The Archbishop was hereupon removed, with Monsieur Lambert, the Comptroller General; and Mr. Neckar vvas called in, as Director General of the finance. To soften the Archbishop 's dismission, a cardinal's hat is asked for him from Rome, and his nephew promised the succession to the Archbishop ric of Sens. The public joy, on this chan.ge of administrat ion, was very great indeed. The people of Paris were amusing thcmselves with trying and burning Correspond ence I 33 the Archbishop in effigy, and rejoicing on the appointmen t of Mr. Neckar. The commandin g officer of the city guards undertook to forbid this, and not being obeyed, he charged the mob with fixed bayonets, killed two or three, and wounded many: this stopped their rejoicings for that day; but enraged at being thus obstructeci in amusement s wherein they had committed no disorder whatever, they collected in great numbers the next day, attacked the guards in various places, burnt ten or twelve guard houses, killed two or three of the guards, and had about six or eight of their own number killed. The city was hereupon put under martial law, and after a while, the tumult subsided, anci peace was restored. The public stocks rose ten per cent. on the day of Mr. Neckar's appointmen t: he was immediately offered considerabl e sums of money, and has been able so far to waive the benefit of the act of bankruptcy, as to pay in cash all demands, except the rembourse ments des capitaux. For these, anci for a sure supply of other wants, he will depencd on the, States General, and will hasten their meetings,:z s is thought. No other change has yet taken place in the administrat ion. The minister of war, however, must certainly follow his brother, and some think, and all wish, that Monsieur de Lamoi.gnon , the Garde des Sceaux, may go out also. The administrat ion of justice is still suspended. The whole kingdom seems tranquil at this moment. Abroad, no event worth noting has taken place, 134 Jefferson's Works since my last. The court of Denmark has not declared it will do anything more than furnish the stipulated aid to Russia. The King of Prussia has, as yet, made no move which may decide whether he will engage in the war, nor has England sent any squadron into the Baltic. As the season for action is considerabl y passed over, it is become more doubtful, whether any other power will enter the lists till the next campaign: this will give time for stopping the further progress of the war, if they really wish to stop it. Two camps, of twenty- ive thousand men each, are forming in this country, on its northern limits. The Prince of Cunde has the command of one, and the Duke de Broglio of the other., I trouble you with the enclosed letter from a Henry Watson, claiming prize moneys, as having served under Admiral Paul Jones, which, I suppose, should go to the treasury, or war office. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obeclient, and most humble servarlt. TO THE COMMISSIO NERS OF THE TREASURY. PARIS, September 6, I 7gg. GENTLEME N,-Your favor of July the 3d, came to hand some clays ago, anci that of July the 2ad, in the afternoon of yesterday. Knowing that a Mr. Vannet was to leave Paris this morning, to go to Virginia in a vessc:l bound from Havre to Potomac, I have Correspond ence I35 engaged him to receive the papers which are the subject of those letters; to take care of them from thence to Havre, and on the voyage; and when he shall have arrived in the Potomac, instead of going directly to Richmond, as he intended, he will proceed with them. himself, to New York. I shall pay here, all expenses to their delivery at the ship's side in America, freight included; unless, perhals, le may find it necessary to put another covering over them, if he should not be able to get them into the cabin; in this case, you will have to reimburse him for that. I engage to him, that you shall pay him their transportat ion from the ship's side to New York, and his own reasonable expenses from the place o£ his landing to New York, and back to the plce of landing. As he takes that journey for this object only, it would be reasonable that you give him some gratuity for his time and trouble, and I supose it would be accepted by him; but I have made no agreement for this. The papers are,contain ed in a large box, and a trunk. They were sent here by Mr. Ast during my absence in Holland. When they arrived at the gates of Paris, the ofcers of the customs opened the trunk, to see whether it contained dutiable articles; but finding only books and papers, they concluded the contents of the box to be of the same nature, and did not open that. You receive it, therefore, as it came from the hands of Mr. Ast. A small trunk, which came as a third package from Mr. Ast, and which has never been opened, I have put into the great trunk, with I36 Jefferson's Works out displacing, or ever having touched a single paper, except as far as was necessary, to make room for that. I shall have the whole corded and plumbed by the Custom house here, not only to prevent their being opened at the Custom houses on the road, and at the port of exportation , but to prove to you, whether they shall have been opened by anybody else, after going out o£ my hands. If the stamped leads are entire, and the cords uncut, when you receive them, you will be sure they have not been opened; they will be vralt in oil cloth here, to guard them against the damps of the sea, and as I mentioned before, Mr. annet will put them under another covering, if he finds it necessary, at Havre. At the saine tilne with your last letter, I received from the office of Foreign Affairs, the ratification by Congress of the loan of I 7 88, for another million of guilders. As the necessity of this loan resulted from the estimate made by Mr. Adams and myself, which estimate was la.id before Congress, I suppose their ratification of the loan, implies that of the estimate. One article of this was for the redemption of our captives at Algiers. Though your letter says nothing on this sulject, I am in hopes you have sent orders to the commission ers of the loans at Amsterdam, to furnish, as soon as they shall have it, what may be necessary for this pressing call. So also for the foreign officers. If the ratification of the loar has been made by Congress, with a view to fulfil the objects of th estimate, a general order from you t 137 Correspond ence the commission ers of the loans at Amsterdam, to pay the moneys from time to time, according to that estimate, or to such other as you shall furnish them vc,ith, might save the trouble of particular orders on every single occasion, and the disappoint ments arising from the delay or miscarriage of such orders; but it is for you to decide on this. I have the honor to be, with sentiments of the most perfect respect, Gentlemen, your most obedient, and most humble servant. TO MR. RUTLEDGE. PARIs, September g, I 788. DEaR SIR,-I have duly received your favors of Ilugust 3oth and September 4th. The animal, whose skin ynu saw here, is called the Moose. Monsieur de Buffon had well known it by name; but he has supposed it to be the same as the Rennedeer of Lapland, in his history. Being satisfied myself that it was a different animal, I asked the favor of General Sullivan to have one killed for me, and to send me the skin and skeleton. This is what you saw, it is found only eastward of the Hudson river. l€I. de Buffon describes the Renne to be about three feet high, and truly, the Moose you saw here was seven feet high, and there are some of them ten feet high. The experiment was expensive to me, having cost me hunting, curing, and transportin g, sixty guineas. The animal whose enormous bones are found on the 138 Jefferson's Works Ohio, is supposed by M. de Buffon and M. Daubenton to have been an Elephant. Dr. Hunter demonstrat ed it not to have been an Elephant. Similar bones are found in Siberia, where it is called the Mammoth. Tle Indians of America say it still exists very far north in our continent. I suppose there is no such thing at Geneva as a copy of my notes on Virginia, or you might see the subject treated there somewhat at length, as also some short notice of the Moose. I am glad to hear you have been so happy as to become acquainted with M. de Saussure. He is certainly one of the best philosophe rs of the present age. Cautious in not letting his assent run before his evidence, he possesses the wisdom whi.ch so few possess of preferring ignorance to error. The contrary disposition in those who call themselves philosophe rs in this country classes them in fact with the writers of romance. You have heard that Virginia has acceded to the neve- Constitutio n. New York has done the same by a majority of five. No news from North Carolina. Congress were proceeding early in Jtzly to put the new governmen t into motion, probably it will be December or January before the new Legislature is assembled. Were I to trouble Mr. Shippen with a letter, I could only repeat the same things over again. Be so good as to say this to him, to deliver him the enclosed letter with my friendly compliment s, and to accept yourself assurances of the esteem with which I am, dear Sir, your most obedient humble servant. Correspond ence I 39 TO MR. CUTTING. PnRIs, September g, I 788. DEaR SIR,-Your favor of the 6th instant is just come to hand. To answer your quotations from the English papers by reversing every proposition , would be to give you the literal truth, but it would be tedious. To lump it by saying every tittle is false, would be just but unsatisfact ory. I will take the middle course, and give you a summary of political information as far as possessed here on tolerably sure grounds. On the Baltic nothing of note since the first great action. T hat was pretty equal in loss, but rather favoralle to the Russi.ans in alpearance, because they kept thc field while the Swedes retired into port. Since that the Swedes have had a sixtyfour gun ship, the Gustavus Adolphus, run ashore and burnt, and the crew captured by the Russians. Their fleet is rather confined wi.thin port, I believe we may say blocked up, by Admiral Greigh. On land there has been nothing but a petite guerre. The Swedes have failed in every enterprise. There is considerabl e discontent in the Swedish Senate and nation, because the King, contrary to their constitutio n, has commenced an offensive €ar without consulting the Senate. On the Black Sea nothing has happened since the first victory obtained by the Prince of Nassau and Paul Jones, and the second and third by the Prince of Nassau. The Captain Pacha has thrown himself into Oczakow, made a sortie, and Jefferson's Works considerabl y discomfited the Russians. The particulars not known; but the siege continues. The Emperor's army has suffered much by sickness and desertion, but more by imbecility. He has certainly let a campaign pass over without doing anything. Denmark has notified Sweden and the other courts that she will furnish the stipulated aid to Russia. England and Prussiahav eofferedthe ir mediation, and Denmark is endeavorin g to counterpoi se their interferenc e by getting this court to offer to join in the mediation. The ministerial revolution here is the Archbishop of Sens, and Mr. Lambert, gone out, and Mr. Neckar come in, in lieu of the last; nobody will succeed the former, that is to say there will be no premier. Probably M. de Brienne, minister of war, will go out, as his brother is out; and it may be doubted whether M. de Lamorignon will not also go. He is Garde de Sceaux, as you know; there is no present appearance of any other change. A bed o£ justice will be held within a few days to revoke all that was done in that of the Sth of May, and to recall the parliaments . The States General will be called in January, probably. The two camps of twentyfive thousand men each, in the north of France, are now assembling. They are commanded by the Prince of Conde and Duke de Broglio. This is the sum of afairs as far as can be affirmed with certainty. If anything remarkable still turns up before your departure, I will do myself the pleasure of writing to you. I am, vith great esteem, dear Sir, your most pbedient hunzble servant. Correspond ence I41 TO THE COUNT DE MONTMORIN . PaRIs, September 11, 1788. SIR,-In the course of the last war, the huuse of Schweigha user and Dobre, of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstan ces of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkatio n at Nantes; and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by arbitrators , to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in he course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter, too, they make a I42 Jefferson's Works merit of not having seized one of our ships of war, and certainly, the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you, for the immediate delivery of the stores and other property of the United States, at Nantes, detained by the house of Schweigha user and Dobree, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure. I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency' s most obedient, and most humble servant. TO MONSIEUR DE REYNEVAL. PARIs, September I6, 1788. SIR,-I have the honor now to enclose you my observatio ns on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their ofce; the eighth, proposing that the nvigation code of each nation, shall be established in the territories of the other; and the ninth, insisting that the ship's roll shall be conclusive evidence, that a person belongs to the ship, Correspond ence I43 There are several new matters introduced into the draught; some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicamen t. 'rhey propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visitecl, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain's word shall be conclusive evidence that he is not there. To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observatio ns, of which I request your perusal. I enclose with them a drazzglzt, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO THE MARQUIS DE LA ROUERIE. PARIs, September I6, 1788. SIR,-On receiving the first letters which you did me the honor to write to me, on the arrears due to 144 Jefferson's Works you from the United States, I informed you that I had nothing to do in the money department ; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunit y which occurred last spring, of setting on foot measures, which, with their approbatio n, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition , that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor anything I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative. Finding that my interferenc e, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspond ence between us on this subject, may cease. I presume that the certificate given you, points out the person, here or elsewhere, to whom your application s are to be made, and that he 145 Correspond ence will inform you when he receives orders on your subject. I am, Sir, your humble servant. TO WILLIAM SHORT. PaRIs, September zo, 1788. DEaR SIR,-The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think ynu wished your American letters to remain here; I shall therefore keep it. The passport now enclosed, came the day after your departure; so also did a mass of American letters for me, as low down as August the 1oth. I shall give you their substance. The convention of Virginia a nnexed to their ratification of the new Constitutio n a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added, also, proposition s for specific alterations of the Constitutio n. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights, (that is Virginia's,) and proposing amendment s: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these what Luther Martin tells us was repeatedly voted and adhered to by the feileral convention, and VOL. VII-IO I46 Jefferson's Works only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislature s, asking their concurrenc e in an immediate convention for making amendment s. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the first week in March: the place is not yet decided on. Philadel~ phia wa;s first proposed, and had six and a half votes; the hal:. vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded, so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphi a, and rather thought in favor of the last. The Rhode Island delegates had retired from Congress. Dr. Franklin was dangerousl y ill of the gout and stone on the z Ist of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, etc., were arrived. Congress had referred the decision, as to the independen ce of Kentucky, to the new governmen t. Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just set 147 Correspond ence ting out for Kentucky, disgusted, yet disposed to persuade to an acquiescen ce, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war. The following is a quotation from a letter from Virginia, dated July the 12th: "P-n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new Constitutio n as if he had been a young man; perhaps more than he discovered, in the commencem ent of the late revolution, in his opposition to Great Britain. W-e acted as chairman to the committee of the whole, and, of course, took but little part in the debate; but was for the adoption, relying on subsequent amendment s. B-r said nothing, but was for it. The G-r exhibited a curious spectacle to view. Having refused to sign the paper, everybody supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show that his present conduct was consistent with that letter, and that letter with his refusal to sign. M-d-n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I-nn-s, Lee, M-l, C-n and G. N-s. M-s-n, H-y and Gr-n, were the principal supporters of the opposition. The discussion, as might be expected, where the parties I48 Jefferson's Works were so nearly on a balance, was conducted generally with great order, propriety and respect of either party to the other. '' The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones resi.gned. R. Goode and Andrew Moore, Counsellors , vice B. Starke dead, and Joseph Egglestone resigned. It is said Wilson, of Philadelphi a, is talked of, to succeed Mr. A. in London. Quceere? The dispute about Virgil's tomb and the laurel, seems to be at length settled by the testimony of two travellers, giv en separately, and without a communicat ion with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough, recently cut and stuck in the ground for the oecasion. The Cicerone acknowledg ed the roguery, and said they practised it with almost every traveller to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution. The President Dupaty is dead. Monsieur de Barentin, premier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicat ing to them the news, and therefore on their pardoning me for not 149 Correspond ence repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva, poste restante. I shall not write again till you tell me where to write to. Accept very sincere assurances of the affection with which I am, dear Sir, your friend and servant. TO JOHN JAY. PARIS, September 24, I 7gg. SIR,-Under standing that the vessel is not yet sailed from Havre, which is to carry my letters of the 3d and Sth instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea, must have been greatly exaggerate d. According to these, the Captain Pacha's fleet was annihilated ; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be that he has suffered some checks, of what magnitude it is impossible to say where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor's situation is apprehend ed to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head 150 Jefferson's Works the imperial army, is endeavorin g to collect it; but in the meantime the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden, has been successful in every point, by sea and land. This, with the interferenc e of Denmark, and the discontent of the Swedish nation, at the breach of their constitutio n, by the King's undertakin g an offensive war, without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one-third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-off er of mediation from this court. If England and Prussia make a peace effectually in the north, (which it is absolutely in their power to do,) it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark. The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d'Epermesn il and M. Sabatier recalled from their confinemen t, Correspond ence 151 The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the governmen t in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22d, from the treasury board, on another subject, but none on that of the captives or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the Treasury Board. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO MR. SHIPPEN. PARIS, September 29, 1788. DEAR SIR,-Your favor of the a ad is just received. My occupation s obliging me to economize my time and labor, where it can be done, I have, since your departure, addressed either yourself or Mr. Rutledge singly, hoping your goodness would excuse my writing to either for both. In like manner, I have lately written to Mr. Short for all three. I now take the liberty of addressing you for the triumvirate . No news yet from North Carolina; but in such a case no news is good news, as an unfavorabl e decision of 152 Jefferson's Works the 12ath State would have flown like an electrical shock through America and Europe. A letter from Governor Rutledge of August 10th, says nothing of North Carolina; this silence is a proof that all was well. That convention was to meet July 23d, and not July 4th, as we had been told. A dispute is excitcd in Philadelphi a which is likely to make a noise. Oswald, the printer, being sued, published something in his own paper relative to the cause. It was construed by the judges a contempt of the court. They made a rule against him to show cause why he should not be attached. He appeared, the attachment was awarded, and he called on to answer interrogato ries. He refused to answer interrogato ries. The court gave him till next morning to consider. He appeared then, and still refused. By that time, however, it. would seem as if the court themselves had considered better of it, for theix counsel (I suspect it was W---n), declared it was never the intention of the court to compel him to answer interrogato ries, and accordingl y, without proposing any, or hearing his counsel, they committed him to prison for one month, and fined him ten pounds. Hereupon petitions were signed, one to the Executive to pardon Oswald, the other to the Legislature to punish the judges. The news of this country since my letter to Mr. Short, is that the Bretagne deputies are recalled from the Bastile, and d'Epermesn il and Sabatier from their prisons; the états généraux are to meet in the course of January, Correspond ence 153 the court keeping the day of the month still in reserve; the parliament has returned to its functions by permission. Their first arreté has been to demand the états genéraux in the form of 1614. Here the cloven hoof begins to appear. While the existence of parliament itself was endangere d by the royal authority, they were callin.g for the états généraux; now they obtained a kind o£ victory, they see danger to themselves from those vcry états généraux, and determine to have them in a form which will neither merit nor command the confidence of the nation, or to prepare a ground for combatting their authority if they should be well-compo sed, and should propose a reformation of the parliaments . I will, immedi.atel y, according to the desire you are pleased to express, send a French copy of the notes on Virginia to the Syndic Cayla. M. Tronchin goes there himself this week. I am very sorry you are obliged to abridge your tour. With respect to your route from Milan to London, on which you were pleased to consult me, I would certainly prefer Genoa, thence along the coast to Nice, (absolutely by land, in defiance of all the persuasion s you will be exposed to go by water,) thence to Toulon and Marseilles. There it will depend on your time, whether you will go by Nismes, the canal of Languedoc (in the post boat), Bordeaux, Paris and Calais, or whether you must come on directly from Marseilles to Paris and Calais. But even in the latter case, make the small deviation to Nismes, to see the most 154 Jefferson's Works perfect remains of antiquity which exist on earth. My absence from Paris becomes more doubtful than it was. I had hoped to go to Champagne to see the vintage. I am not certain now that my business will permit it in every case; letters sent to me here will be properly forwarded. Present my affectionat e regards to your two travelling companions , and be assured of the esteem and attachment with which I am sincerely, dear Sir, your affectionat e friend and servant. TO MONSIEUR DE REYNEVAL. PARIS, October 1, 1788. SIR,-I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithsta nding the refusal of the houses of Schweigha user and Dobree, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two proposition s they have ever yet made, to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the meantime, I shall hope an acknowledgment with respect to us, of Correspond ence 155 the principle which holds as to other nations; that our public property here, cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country, has occasioned us to draw them from hence alone, since the peace; and the friendship we have constantly experience d from the governmen t, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant. TO MR. CUTTING. PARIS, Oct. 2, 1788. DEAR SIR,-I am now to acknowledg e the receipt of your favors of the 16th and 23d ultimo, and to thank you for the intelligence they conveyed. That respecting the case of the interrogato ries in Pennsylvan ia, ought to make a noise. So evident a heresy in the common law, ought not to be tolerated on the authority of two or three civilians, who happened, unfortunat ely, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court; because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of then, that it 156 Jefferson's Works is better to proscribe the whole. Can you inform me what has been done by England, on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale fishcries turn out this year? I hope a deep wound will be given them in that article, soon, and such as will leave us in no danger from their competition . * * I am, with very great esteem, dear Sir, your most obedient humble servant. TO HIS EXCELLENC Y THE COUNT DE MONTMORIN . PARIS, October 23, 1788. SIR,-I take the liberty of troubling your Excellency on the subject of the Arret which has lately appeared for prohibiting the importation of whale oil and spermaceti, the produce of foreign fisheries. This prohibition being expressed in general terms, seems to exclude the whale oils of the United States of America, as well as of the nations of Europe. The uniform disposition, however, which his majesty and his ministers have shown to promote the commerce between France and the United States, by encourag· ing our production s to come hither, and particularl y those of our fisheries, induces me to hope that these were not within their view at the passing of this Arret. I am led the more into this opinion, when I recollect the assiduity employed for several months, in the year 1785, by the committee appointed by governmen t to investigate the objects of commerce of the Correspond ence 157 two countries, and to report the encourage ment of which it was susceptible . The result of that investigati on, which his Majesty's Comptroller General did me the honor to communicat e in a letter of the zzd of October, 1786, stating therein the principles which should be established for the future regulation of that commerce, and particularl y distinguish ing the article of whale oils by an abatement of the duties on them for the present, and a promise of farther abatement after the year 1790. 'The thorough re-investig ation with which Monsieur de Lambert honored this subject, when thc letter of 1786 was to be put into the form of an Arrct, that Arret itself bearing date the 29th of December last, which ultimately confirmed the abatement of duty, present and future, and Hord declared that his Majesty reserved himself to grant other favors to that production, if, on further information , he shall find it for the interest of the two nations; and finally, thc letter in which M. Lambert did me the honor to enclose the Arret, and to assure me that the duties which had been levied on our whale oils contrary to the intention of our letter of 1786, should be restoreci. On a review of all these circumstan ces, I cannot but presume that it has not been intended to reverse in a moment views so maturely digested and uniformly pursued; and that the general expression s of the Arret of September the z8th, had within their contemplati on the nations of Europe only. This presumptio n is further strengthen ed by having observed that in the treaties 158 Jefferson's Works of commerce, made since the epoch of our independen ce, the jura gentis amici form conceded to other nations, are expressly restrained to those of the most favored European nations: his Majesty wisely foreseeing that it would be expedient to regulate the eommerce of a nation, which brings nothing but raw materials to employ the industry of his subjects, very differently from that of the European nations, who bring mostly what has already passed through all the stages of manufactur e. On these considera. tions, I take the liberty of asking information from your Excellency as to the intent of the late Arret; and if I have not been mistaken in supposing it did not mean to abridge that of Decerrber 29th, I would solicit an exlplanator y Arret, to prevent the misconstru ctions of it which will otherwise take place. It is much to be desired, too, that this explanation could be given as soon as possible, in order that it may be handed out with the Arret of Septcmber z8th. Great alarm will otherwise be spread among the merchants and adventurer s in the fisheries; who, confiding in the stability of regulations , which his Majesty's wisdom had so long and well matured, have embarked their fortunes in speculation s in this branch of business. The importance of the subject to one of the principal members of our Union, induces me to attend with great anxiety a re-assuran ce from your Excellency that no change has taken place in his Majesty's views on this subject; and that his disposition s to multiply, rathex than diminish, Correspond ence 159 the combinatio ns of interest between the two people, continue unaltered. Commerce is slow in changing its channel. That between this country and the United States is as yet but beginning, and this beginning has received some checks. The Arret in question would be a considerabl e one, without the explanation s I have the honor to ask. I am persuaded that a continuation of the disposition s which have been hitherto manifested towards us, will ensure effects, political and comznercial , of value to both nations. I have had too many proofs of the friendly interest your Excellency is pleased to take in whatever may strengthen the bands and eonnect the views of the two countries, to doubt your patronage of the present application, or to pretermit any occasion of repeating assurances of those sentiments of high respect and esteem with which I have the honor to be, your Excellency' s most obedient, and most humble servant. TO MR. SHORT. PARIS, November 2, 1788. DEAR SIR - * * * * * * * Our news from America is to the beginning of October. Pennsylvan ia had elected its two Senators for the new governmen t, Robert Morris and a Mr. Maclay. Morris had an arrival from China worth £150,000. An ill-underst anding between Mr. 16o Jefferson's Works Adams and Mr. Hancock, both proposed as VicePreside nts, and every State likely to bring forward a candidate of their own, in which case, you know, the Senate will choose from among thcse possessing the greatest number of votes, if there be an equality of votes. A general hail storm about the 26th of August has done great mischief from New Hampshire to Virginia. It occasioned the price of tobacco there immediately to rise to 30s. The King of England has for some time been at death's door. His disease is dropsical, tending to the head. A perpetual delirium, with rare and doubtful lucid intervals, makes it strongly believed to be a regular hydroceph alus, in which case the skilful pronounce either his death or insanity. The parliament was to meet yesterday on its prorogatio n, and it was under contemplati on that they should establish a regency. Here, the Notables are in session, but they have deservedly lost their popularity. It is evident that the court w ishes to give to the Tiers Etat a double number of votes. The bureau of Monsieur voted this by a majority of one voice only. The other bureau rejected it alznost unanimousl y. There is a great outcry against this, and the friends of the people and of justice will try the question over again in an assembly of all the bureaux-b ut there seem nu hopes of success. This is the first event which has shown that there will be a combination of the nobles and clergy, and ccnsequent ly it will throw the people decidedly into the scale of the King. This may end 161 Correspond ence in liberty or despotism, at his will. I thi:xk that both he and his ministry are in favor of liberty, and that having twenty-thr ee millions and a half of the people on their side, they will call the other half million to order, and show them that instead of being two thirds of the nation, they are but the fortyeighth . TO MR. CUTTING. PAR IS, November 3, 1788. DEAR SIR,-I have now the honor to acknowledg e your favors of the 30th of September, 5th, 6th, 7th and 17th of October, which I should have done sooner, but that there was no new occurrence well ascertained and worth communicat ing. I think it now pretty certain that an alliance is entered into between England, Prussia, and Sweden, to which Holland is to accede, so as to make it quadruple. The Prussian army is on its march towards Holstein, under the command of Prince Frederick of Brunswick; a poor head. There is also said to be an army of 60,000 Prussians in Silesia, ready to overawe Poland, should it take side with Russia. Of this last fact, however, I am not sure. It would seem, then, as if Prussia meant to enter into the war, or is it only to induce Denmark to withdraw and leave Russia and Sweden to fight their own battles? If it does not produce this effect, will England lie by, and only engage in case France should move? These are VUI.. VII-I I 162 Jefferson's Works points uncertain as yet. One thing is certain: that this country will make no move which may engage her in war, till after her états généraux. The Notables meet on Thursday next, to decide on the form of composing and callng the etats generaux. What will be their form, cannot yet be foreseen; much less what they will do. They will undoubtedl y give money to the governmen t, but probably for a short time, and make it the price of some concession s from the King for li.m.iting his own ri.ghts, and enlarging those of the nation. They will surely provide for the regular convocatio n of the States General in future. Other things talked of, are a bill of rights, habeas corpus civil list, and a negative at least on legislative aets. The kingdom has been in the most perfect tranquillity since the announcing the States General for January. I doubt, however, the possibility of convoking them so soon. Prince Henry of Russia arrived here the day before yesterday. Reniarkabl e deaths are the Marshal de Biron and Marquis de Chastellux. Nobody wishes more sincerely than I do to see the States, individuall y as well as collectively , extricate themselves from their debts. But having, in the letters I formerly gave you for South Carolina, said as much on that subject as prudence would permit me, I am afraid to add anything more. I thank you for your information on the subject of the whale fishery. After the hint I gave you, you would not expect to see the Arret of September 26th I cannot Correspond ence 163 now explain it to you, nor tell you with certainty in what form it will finally rest as to us. I am, with very great esteem, dear Sir, your most obedient humble servant. TO MR. DUMAS. PARIS, November 3, 1788. DEAR SIR,-I have duly receivcd your favors of the 10th and 23d of October, and sincerely sympathize with you in your sufferings, without being able to relieve them. Nor can I even conjecturc what Congress will decide as to the Brussels proposition . I should be puzzled myself to suggest anything better at this moment. You have doubtless heard that North Carolina has thought it best to propose amendmnen ts to the new Constitutio n before acceding to it. She has no disposition to separate from the Union, even if no amendment s be madc, as she has not come to a negative decision, but left the matter open. So many States have desired alterations, that I suppose those will be made in which almost all havc agreed. A bill of rights will comprehen d most of them. In the meantime, the new governmen t will go on. The Notables meet at Versailles the day after to-morrow, to decide on the composition and convocatio n of the States General. 'lill the States shall meet, this country will probably not take any measure which may engage it in a war. In the meantime, 164 Jefferson's Works the King of Prussia seems itching to be engaged. He calculates only on the torpitude of the present moment in which France is: he does not seem to take into account the difference between his head and the late King's. This may be equal, perhaps, to half his army. I have the honor to be, with great esteem and attachment, dear Sir, your most obedient humble servant. TO JOHN JAY. PARIS, November 14, 1788. SIR,-In my letter of December the 21st, 1787, I had the honor of acknowledg ing the receipt cf your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the Arret which came out on the agth of December, and willing to leave some interval between that act and the solicitation of a reconsider ation of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediatel y after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittin gly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation , has Correspond ence 165 protracted its conclusion till this time; it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following: The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in thei.r persons and property, to the laws of the land. That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers. Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only. The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally. So is that, which declared the indelibility of the character of the subject, and the explanation and extension of the eleventh article of the treaty of amity. The innovations in the laws of evidence are done away; and the convention is limited to twelve years' duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished still more had been done; but more could not be done, with good humor. The extensions of authority given 166 Jefferson's Works by the convention of 1784, were so homogeneo us with the spirit of this governmen t, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly disposition s, than he demonstrat ed through the whole of it. I enclose herewith, the several schemes successivel y proposed between us, together with the copies of the written observatio ns given in with them, and which served as texts of discussion, in our personal conference s. They may serve as a commentar y on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stancd as it does. No. 1, is the convention of 1784. No. a, is my first scheme. No. 3, theirs in answer to it. No. 4, my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5, the copy of a translation which I have put into thei.r hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbatio n. This, and the convention of 1784 (marked No. 1), are placed side by side, so as to present to the eye, with less trouble, the changes macle; and I enclose a number of printed copies of them, fur the use of the roembers, who will have to 167 Correspond ence decide on the ratification . It is desirable that the ratification should be sent here for exchange, as soon as possible. With respect to the consular appointmen ts, it is a duty on me to add some observatio ns, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied application s from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves ) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul , agent or commissary . This was intended as a general answer to that swarm of foreign pretenders . It appears to me, that it will be best, still to preserve a part of this regulation. Native citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintan ce in the United States; give better satisfaction , and are more to be relied on, in point of fidelity. Their disadvanta ges are, an imperfect acquaintan ce with the language of this country, and an ignorance of the organizatio n of its judicial and executive powers, and consequent awkwardne ss, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, 168 Jefferson's Works L'Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunatel y for the present moment, most of these are worthy of appointmen ts. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurer s in commerce, without substance or eonduct, or other description s, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good native citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable, to declare, by a standing law, that no person but a native citizen shall be capable of the office of consul, and that the consul's presence in his port should suspend, for the time, the functions of the viceconsul. This is the rule of 1784, restrained to the office of consul, and to native citizens. The establishin g this, by a standing law, will guard against the effect of particular application s, and will shut the door against such application s, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul be kept open for any native citizen of superior qualificatio ns, who might come afterwards to establish himself in the port. The functions of the vice-consul would 169 Correspond ence become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them, the painful operation of revoking and reviving their commission s perpetually . Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws and customs of the country. Every consul and vice-consul should be restrained in his juri.sdictio n, to the port for which he is named, and the territory nearer to that than to any other consular or vice-consul ar port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a viceconsul, or draws on any dependenc e. * * * * * * * * * It is now proper I should give some account of the state of our dispute with Schweigha user and Dobrée. In the conversatio n I had with Dobree at Nantes, he appeared to think so rationally on the subject, that I thottght there would be no difficulty in accommodat ing it with him, and I wishecl rather to settle it by accommodat ion, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators . He expressed a cheerful concurrenc e in it. I thereupon made the proposition to him formally, by letter, mentioning particularl y, that we would choose our arbitrators of some neutral nation, and, of 170 Jefferson's Works preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition , he added, that on consulting Mr. Puchilberg, he had declined it; neverthele ss, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation , and he answered finally, that Mr. Puchilberg refused all accommodat ion, and insisteci that the matter should be decided by the tril>unals of the country. Accommoda tion being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign to be seized in the territories of another, and subjected to judiciary decision thez-e. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tri.bunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweigha user and Dobrée. I wish I could receive instruction s what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that sub 171 Correspond ence stantial justice should be done to Schweigha user and Dobrée, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my po wers for settling this matter as at an end. I have received no answer yet from Denmark, on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the meantime. I have the honor to be, with sentiments of the must perfect esteem and respect, Sir, your most obedient, and most humble servant. [The following is the translation of the convention referred to as No. 5, in the preceding letter.] Convention between his most Christian Majesty and the United States of America, for the purpose of defnincg and establishin g the functions and privi- leges of their respective Consuls and vice-Consu ls. His Majesty and most Christian King, and the United States of America, having, by the twentynint h article of the treaty of amity and cummerce concluded between thexn, mutually granted the 172 Jefferson's Works liberty of having, in their respective States and ports, Consuls, vice-Consu ls, Agents and Commissari es, and being willing, in consequenc e thereof, to define and establish in a reciprocal and permanent manner, the functions and privileges of Consuls and vice-Consu ls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Kni.ght of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandme nts and Finances, having the department of foreign affai.rs , and the United States have nominated Thomas Jefferson, of the United States of America, and their Minister Plenipotent iary near the King, who after having communicat ed to each other their respective full powers, have agreed on what follows: Article I. The Consuls and vi.ce-Cons uls named by the M. C. K. and the United States, shall be bound to present their commission s according to the forms whi.ch shall be established respectivel y by the M. C. K. within his dominion.s, andby the Congress within the United States, there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commander s, heads of justice, bodies corporate, tribun.als and other officers having authority in the ports and places of their consulates, shall cause them Correspond ence 173 to enjoy immediately , and without difficulty, the pre-eminen ces, authority and privileges, reciprocall y granted, without exacting from the said Consuls and vice-Consu ls any fee under any pretext whatever. Article II. The Consuls and vice=Consu ls, and persons attached to their functions, that is to say, their chancellors and secretaries , shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained; they shall be exempt from all personal service, from ' , guard, g soldiers billets, militia, watch uard uardianshi p, trusteeship , as well as from all duties, taxes, impositions , and charges whatsoever , except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals ; and in all other instances, they shall be subject to the laws of the land, as the natives are. Those of the said Gonsuls and vice-Consu ls who shall exercise commerce, shall be respectivel y subject to all taxes, charges and impositions established on other merchants. They shall place over the outward door of their house the arms of their sovereign; but this mark of indication shall not give to the said house, any privilege of asylum for any person or property whatsoever . Article III. The respective Consuls and vice-Gonsu ls may establish agents in the diferent ports and places of their department s, where necessity shall 174 Jefferson's Works require. These agents may be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectivel y to the rendering to their respective merchants, navigators, and vessels all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators and vessels, without the said agents otherwise participati ng in the immunities, rights and privileges attributeci to Consuls and vice-Consu ls, and without power under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever . Article IV. The Consuls and vice-Consu ls respectivel y, may establish a chancery, where shall be deposited the consular determinati ons, acts and proceeding s, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by descendant s, or saved from sh.ipwreck. They may, consequent ly, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commission s, sentences and other consular acts, and also to discharge the functions of notaries and registers of the consulate. Article V. The Consuls and vice-Consu ls respectivel y, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declaration s and all other the acts which the captains, Correspond ence 175 masters, crews, passengers and merchants of their nation may choose to make there, even their testaments and other disposals by last will'; and the copies of the said acts, duly authenticat ed by the said Consuls or vice-Consu ls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and the United States. They shall also have, and exclusively , in case of the absence of the testamenta ry executor, guardian or lawful representa tive, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein in any manner whatsoever ; but the said Consuls and vice-Consu ls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representa tives, or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose, the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what 176 Jefferson's Works shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor's giving sufficient surety resident in that country, to refund the sums he shall have unduly received, principal, interest and costs; which surety, neverthele ss, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot bc formed before the end of this term, against the representa tives who shall present themselves. Anrd in order that the representa tives may not be unjustly kept out of the effects of the deceased, the Consttls an.cl vice-Consu ls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answerall just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be mcre than sufficient for the demands which shall have been formed. Article VI. The Consuls and vice-Consu ls respectivel y, shall receive the declaration s, protests and reports, of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and vice-Consu ls, the acts which they may have made in othcr ports, on account of the accidents which may have happened to them on their voyage. If a subject of the (Correspon dence 177 M. C. C. and a citizen of the United States, or a. foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or vice-Consu ls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or vice-Consu ls shall appoint slkilful persons to settle the damages and average. Article VII. In cases where by tempest, or other accident, Frcnch ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of thc dominions of the M. C. K., the Consul or vice-Consu l nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenan ces, as for the storing and the security of the effects and merchandis e saved. He may take an inventory of them, without the intermeddli ng of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give the Consuls, vice-Consu ls, captain and crew of the vessels shipwrecke d or stranded, all the succor an.d favor whi.ch they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbanc e. And in order to prevent all kind of dispute and discussion in the said cases of shi.pwreck, it is agreed that when thcre shall be no Consul or vice-Const zl to VOL. VII--IZ 178 Jefferson's Works attend to the saving of the wreck, or that the residence of the said Consul or vice-Consu l (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty and precaution s, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or vice-Consu l, and shall deliver over to him the report of his proceeding s, the expenses of which, the Consul or vice-Consu l shall cause to be reimbursed to him, as well as those of saving the wreck. The merchandis e and effects saved, shall be deposited in the nearest Custom-ho use, or other piace of safety, with the inventory thereof, which shall have been made by the Consul or vice-Consu l, or by the judge who shall have proceeded in their absence, that the said effects and merchandis e may be afterwards delivered (a.fter levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or vice-Consu l, shall reclaim them by themselves, or by their order, either for the purpose of re-exportin g such znerchandi se, in which case they shall pay no kind of duty of exportation , or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandis e, if they be damaged, shall be allowed an abatement of entrance Correspond ence 179 duties, proportion ed to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck. Article VIII. The Consuls and vice-Consu ls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdictio n in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew and the changes and substitutio ns there to be made. For which purpose, they may go on board the said vessels wherever they may judge it necessary; well understood , that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interferenc e with the police of the ports where the said vessels shall be. Article IX. The Consuls and vice-Consu ls may cause to be arrested, the captains, offcers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, thc said Consuls and vice-Consu ls shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, that those men were part of the said crews; and on this demand, so provecd (saving;, however, where the contrary is 180 Jefferson's Works proved), the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and vice-Consu ls, for the search, seizure and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunit y of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article X. In cases where the respective subjects or citizcns shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country. Article XI. When the said offenders shall be a part of the cre of a vessel of their nation, and shall have withdrawn themselv es on board the said vessel, they may be therc seized and arrested by order of the judges of the country; these shall givc notice thereof to the Consul or vice-Consu l, who may , repair on board, if he thinks proper; but this notification shall not, in any case, delay execution of the order in question. The persons arrested, shall not afterwards be set at liberty, until the Consul or vice-Consu l shall have been notified thereof; and they shall le delivered to him, if he requires it, to be put again on board of the vessels on which they were arrested, or of others of their nation, and to be sent out of the country. Correspond ence 181 Article XII. All differences and suits between the subjects of the M. C. K. in the U. S. or between the citizens of the United States within the dominions of the M. C. K. and particularl y all disputes relative to the wages and terms of engagemen t of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the, privates of the said crews, or betveen any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and vice-Consu ls, either by a reference to arbitrators , or by a summary judgment, and without costs. No officer of the country, civil or military, shall interfere therein, or take anv part whatever in the matter; and the appeals from the said consular sentences, shall be carried before the trilbunals of France or of the United States, to whom it may appertain to take cognizance thereof. Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting thc decision of commercial affairs, the merchants of the U. S. shall en.joy the benefit of these establishme nts; and the Congress of the U. S. will provide in. thc manner the most conformabl e to its laws, equivalent adv antages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature. Article XIV. The subjects of the M. C. K. and I82 Jefferson's Works citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectivel y, shall, in consequenc e, enjoy an exemption from all personal service in the place of their settlement. Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminen ces, powers, authority and privileges, the Consuls and vice-Consu ls of the M. C. K., or of the U. S. reciprocall y, shall participate therein, agreeably to the terms sti.pulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S. Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratification s, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible. In faith whereof, we, Ministers Plenipotent iary , have signed the present convention, and have thereto set the seal of our arms. Done at Versailles the 14th of November, one thousand seven hundred and eighty-eig ht. L. C. DE MONTMORIN . } Signed. { TH: JEFFERSON . L. S. Correspond ence 183 TO JAMES MADISON. PARIS, November I8, 1788. DEAR SIR,-My last to you was of the 31st July; since which, I have received yours of July the 24th, August the 10th and 23d. The first part of this long silence in me, was occasioned by a knowledge that you were absent from New York; the latter part, by a want of opportunit y, which has been longer than usual. Mr. Shippen being just arrived here, and to set out to-morrow for London, I avail myself of that channel of conveyance . Mr. Carrington was so kind as to send me the second volume of the American Philosophic al Transactio ns, the Federalist, and some other interesting pamphlets; and I am to thank you for another copy of the Federalist, and the report of the instruction s to the ministers, for negotiating peace. The latter, unluckily, omitted exactly the passage I wanted, which was what related to the navigation of the Mississippi. With respect to the Federalist, the three authors had been named to me. I read it with care, pleasure and improveme nt, and was satisfied there was nothing in it by one of those hands, and not a great deal by a second. It does the highest honor to the third, as being, in my opinion, the best commentar y on the principles of governmen t, which ever was written. In some parts, it is discoverabl e that the author mea ns only to say what may be best said in defence of opinions, in which he did not concur. But in gen 184 Jefferson's Works eral, it establishes firmly the plan of governmen t. I confess, it has rectified me onseveral points. As to the bill of rights, however, I still think it should be added; and I am glad to see, that three States have at length considered the pez-petual re-eligibilit y of the President, as an article which should be amended. I should deprecate with you, indeed, the meeting of a new convention. I hope they will adopt the mode of amendment by Congress and the Assemblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable , not to be entitled to some sacrifice of opinion, in the majority; especially, when a great proportion of them would be contented with a bill of rights. Here, things internally are going on well. The Notables now in session, have, indeed, passed one vote, which augurs ill to the rights of the people; but if they do not obtain now so much as they have a right to, they will in the long run. The misfortune is, that they are not yet ripe for receiving the blessings to which they are entitled. I doubt, for instance, whether the body of the nation, if they could be consulted, would accept of a habeas corpus law, if offered them by the King. If the Etats generaux, when they assemble, do not aim at too much, they may begin a good constitutio n. There are three articles which they may easily obtain: their own meeting, periodicall y; 2, the exclusive right of taxation; 3, thc right of registering laws 185 Correspond ence and proposing amendment s to them, as exercised now by the parliaments . This last, would be readily approved by the court, on account of their hostility against the parliaments , and would lead immediately to the origination of laws; the second has been already solemnly avowed by the King; and it is. well understood , there would be no opposition to the first. If they push at much more, all may fail. I shall not enter further into public details, because my letter to Mr. Jay will give them. That contains a request of permission to return to America, the next spring, for the summer only. The reasons therein urged, drawn from my private afairs, are very cogent.. But there is another; more cogent on my mind, though of a nature not to be explained in a public letter. It is the necessity of attending my daughters, myself, to their own country, and depositing them safely in the hands of those with whom I can safely leave them. I have deferred this request as long as circumstan ces would permit, and am in hopes it will meetwith no diffculty. I have had too many proofs of your friendship, not to rely on your patronage of it, as, in all probability , nothing can suffer by a short absence. But the immediate permission is what I am anxious about; as by going in April and returning in October, I shall be sure of pleasant and short passages, out and in. I must entreat your attention, my friend, to this matter, and that the answers may be sent me through several channels. 186 Jefferson's Works ' Mr. Limozin, at Havre, sent you, by mistake, a package belonging to somebody else. I do not know what it contained, but he has written to you on the subject, and prayed me to do the same; he is likely to suffer if it be not returned. Supposing that the funding their foreign debt will be among the first operations of the new governmen t, I send you two estimates; the one by myself, the other by a gentleman infinitely better acquainted with the subject, showing what fund will suffice to discharge the principal and interest, as it shall become due, aided by occasional loans, which the same fund will repay. I enclose them to you, because collating them together, and with your own ideas, you will bc able to devisc something better than either; but something must be done. This governmen t will expect, I fancy, a very satisfactor y provision for the payment of their debt, from the first session of thc new Congress. Perhaps, in this matter, as well as the arrangeme nt of your foreign affairs, I may be able, when on the spot with you, to give some information and suggest some hints, which may render my visit to my native country not altogether useless. I consider as no small advantage the resuming the tone of mind of my constituent s, which is lost by long absence, and can only be recovered by mixing with them; and shall particularl y hope for much profit and pleasure, by contriving to pass as much time as possible with you. Should you have a trip to Virginia in contem Correspond ence 187 plation, for that year, I hope you will time it so as that we may be there together. I will camp you at Monticello, where, if illy entertained otherwise, you shall not want books. In firm hope of a happy meeting with you in the spring, or early in summer, I conclude with assurances of the sincere esteem and attachment with which I am, dear Sir, your affectionat e friend and servant. ' . TO A. DONAI.D. PARIS, November 18, 1788. DEAR SIR,-Often solicited by persons on this side the water, to inquire for their friends in America, about whose fate they are uncertain, I can only hand on their requests to my friends in America. The enclosed letter from the Chevalier de Sigougne, desires some inquiry after his brother, whom he supposes to have settled at Todd's Bridge. As this is within your reach, I must refer the request to your humanity, and beg of you, if you can hear of him, you will be so good as to give me an account of hinl, returning me the enclosed letter at the same time. The campaign between the Turks and Russians has been tolerably equal. The Austrians have sufered through the whole of it. By the interpositio n of Prussia and England, peace is likely to be made between Russia, Denmark, and Sweden. This is a proof that England does not mean to engage in 188 Jefferson's Works the war herself. This country will certainly engage herself in no mannel, externally, before the meeting of her States General. This assembly has been so long disused, that the forms of its convocatio n occasion difficulty. The Notables have been convened to prescribe them, and they are now in session. I am in hopes this will end in giving a good degree of liberty to this country. They enjoy, at present, the most perfect tranquillity within; their stocks, however, continue low, and money difficult to be got for current expenses. It is hoped that Mr. Neckar's talents and popularity, with the aid of a National Assembly, will extricate them from their difficulties. We have been daily expecting to hear of the death of the King of England: our last news is of the 11th, when he was thought in the utmost danger. This event might produce a great change in the situation of things: it is supposed Mr. Fox would come into place, and he has been generally understood to be disposed for war. Should the King survive, I think the continuanc e of peace more probable at present, than it has been for some time past. I3e so good as to contrive the enclosed letter by a very safe conveyance . Remember me in the most friendly terms to Dr. Currie, and be assured yourself of the esteem and attachment with which I am, dear Sir, your affectionat e friend and servant. 189 Correspond ence TO JOHN JAY. PARIS, November 19, 1788. SIR,-Since my letter of September the 5th, wherein I acknowledg ed Mr. Remsen's favor of July the 25th, I have written those of September the 24th, and of the 14th instant. This last will accompany the present, both going by the way of London, for want of a direct opportunit y; but they go by a private hand. No late event worth notice has taken place between the Turks and Austrians. The former continue in the territories of the latter, with all the appearance s of superiority . On the side of Russia, the war wears an equal force, except that the Turks are still m.asters of the Black Sea. Oczakow is not yettaken. Denmark furnished to Russia its stipulated quota of troops, with so much alacrity, and was making such other warlike preparatio ns, that it was believed they meant to become principals in the war against Sweden. Russia and England hereupon interposed efficaciousl y. Their ministers appointed to mediate, gave notice to the court of Copenhage n, that they would declare war against them in the name of their two sovereigns, if they did not immediately withdraw their troops from the Swedish territories. The court of London has since said, that their minister (Elliot) went further in this than he was authorized. However, the Danish troops are retiring. Poland is augmenting its army from twenty to an 190 Jefferson's Works hundred thousand men. Neverthele ss, it seems as if England and Prussia meant, in earest, to stop the war in that quarter, contented to leave the two empires in the hands of the Turks. France, desired by Sweden to join the courts of London and Berlin in their mediation between Sweden and Russia, has declined it. We may be assured she will meddle in nothing external, before the meeting of the States General. Her temporary annihilatio n in the political scale of Europe, leaves to England and Prussia the splendid role of giving the law without meeting the shadow of opposition. The internal tranquillity of this country is perfect; their stocks, however, continue low, and the difficulty of getting money to face current expenses, very great. In the contest between the King and parliament, the latter, fearing the power of the former, passed the convoking the States General. The government found itself obli.ged by other difficulties, also to recur to the same expedient. The parliament, after its recall, showed that it was now become apprehensi ve of the States General, and discovered a determinati on to cavil at their form, so as to have a right to deny their legality, if that body should undertake to abridge their powers. The court, hereupon, very adroitly determined to call the same Notables who had been approved by the nation the last year, to decide on the form of convoking the Etats généraux: thus withdrawin g itself from the disputes which the parliament might excite, and committing them with 191 Correspond ence the nation. The Notables are now in session. The governmen t had manifestly discovered a disposition that the Tiers Etat, or Commons, should have as many representa tives in the States General as the Nobility and Clergy together; but five bureaux of the Notables have voted by very great majorities, that they should have only an equal number with each of the other orders, singly. One bureau, by a majority of a single voice, had agreed to give the Commons the double number of representa tives. This is the first symptom of a decided combinatio n between the Nobility and Clergy, and will necessarily throw the people into the scale of the King. It is doubted whether the States can be called so early as January, though the governmen t, urged by the want of money, is for pressing the convocatio n. It is still more uncertain, what the States will do when they meet: tllere are three objects which they may attain, probably without opposition, from the court: 1, a periodical meeting of the States; 2, their exclusive rights of taxation; 3, the right of enregisteri ng laws and proposing amendment s to them, as now exercised by the parliaments . This would lead, as it did in England, to the right of originating laws. The parliament would, by the last measure, be reduced to a mere judiciary body, and would probably oppose it. But against the King and nation, their opposition could not succeed. If the States stop here, for the present moment, all will probably end well, and they may, in future sessions, 192 Jefferson's Works obtain a suppressio n of lettres de cachet, a free press, a civil list, and other valuable modificatio ns of their governmen t. But it is to be feared, that an impatience to rectify everything at once, which prevails in some minds, may terrify the court, and lead them to appeal to force, and to depend on that alone. Before this can reach you, you will probably have heard of an Arret, passed the 28th of September, for prohibiting the introductio n of foreign whale oils, without exception. The English had glutted the markets of this country with their oils: it was proposed to exclude them, and an Arret was drawn, with an exception for us: in the last stage of the Arret, the exception was struck out, without my having any warning, or even suspicion of this. I suspect this stroke came from the Count de La Luzerne, minister of marine; but I cannot affirm it positively. As soon as I was apprized of this, which was several days after it passed (because it was kept secret till published in their seaports), I wrote to the Count de Montmorin a letter, of which the enclosed is a copy, and had conference on the subject, from time to time, with him and the other ministers. I found them prepossess ed by the partial information of their Dunkirk fishermen; and therefore thought it necessary to give them a view of the whole subject in writing, which I did: in the place of which, I enclose you a printed copy. I therein entered into more details, than the question between us seemed rigorously to require. I was led to them by other Currespon dence 193 objects. The most important was, to disgust Mr. Neckar, as an economist, against their new fishery, by letting him foresee its expense. The particular manufactur es suggested to them, were in consequenc e of repeated application s from the shippers of rice and tobacco; other details which do not appear immediately pertinent, were occasioned by circumstan ces which had arisen in conversatio n, or an apparent necessity of giving information on the whole matter. At a conference, in the presence of M. Lambert, on the I6th (where I was ably aided by the Marquis de La Fayette, as I have been through the whole business), it was agreed to except us from the prohibition . But they will require rigorous assurance, that tlhe oils coming under our name, are really of our fishery. They fear we shall cover the introductio n of the English oils from Halifax. The Arret for excepting us was communicated to me, but the formalities of proving the oils to be American, were not yet inserted. I suppose they will require every vessel to bring a certificate from their consul or vice-consul , resi.ding in the State from which it comes. More diffctllt proofs were sometimes talked of. f supposed I might surely affirm to them, that our governmen t would do whatever it could to prevent this fraud, because it is as much our interest as theirs, to keep the market for the French and American oils only. I am told Massachuse tts has prohibited the introductio n of foreign fish oils into her ports. This law, if well executed, will be an VOL VII-13 194 Jefferson's Works effectual guard against fraud; and a similar one in the other States interested in this fishery, would much encourage this governmen t to continue her indulgence to us. Though the Arret, then, for the re-admissio n of our oils, is not yet passed, I think I may assure you it will be so in a few days, and of course, that this branch of commerce, after so threatenin g an appearance , will be on a better footing than ever, as enjoying, jointly with the French oil, a monopoly of their markets. The continuanc e of this will depend on the growth of their fishery. Whenever they become able to supply their own wants, it is very possible they may refuse to take our oils; but I do not believe it possible for them to raise their fishery to that, unless they can continue to draw off our fishermen from us. Their seventeen ships, this year, had one hundred and fifty of our sailors on board. I do not know what number the English have got into their service. You will readily perceive, that there are particulars in these printed observatio ns, which it would not be proper to suffer to become public. They were printed merely that a copy might be given to each minister, and care has been taken to let them go in no other hands. 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, Correspond ence 195 I was desired to come to Europe, as member of a commission, which was to continue two years orily. I came off immediately , without going home to make any other arrangeme nts 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 meantime matters of greatmome nt 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 cogency on my mind, is t.he 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 bttt between five and six months. I do not foresee anything whi.ch can suffer during my absence. The constllar convention is finished, except as to the exchange of ratification , which will be the affair of a day only. The difference with Schweigha user 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 196 Jefferson's Works application; probably these will take place, so that I may set it in motion before my departure; if not, I can still leave it on such a footing as to be put into motiozn 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 anything of consequenc e which may suffer; but would postpone my departure till circumstan ces 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 disposition s of Monsieur de Mon.tmorin would induce him rcacdily to communicate with Mr. Short in his present character; but should any of his application s be necessary- to be laid before the Council, they might suffer difficulty; nor could he attend the dilplomatic 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 Correspond ence 197 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 the 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 uncertaint y in which I shall be. We have leen 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 newspaper s to this date, and have the honor to be, with the greatest esteem and respect, Sir, your most obedient humble servant. P. S. The last crop of corn in France has been so short, that they apprehend want. Mr. Neckar 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 198 Jefferson's Works naming him, it would be agreeable to him, and probably advantageo us to the adventurer s. (The annexed are the observatio ns 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 manufactur e, as of wool, leather, soap: it is used also, inn painting, architectur e and navigation. But its great consumptio n 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 extilnguish 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-fiv e 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 advantageo us to the city lighters to use others. This competition , then, limits its price, higher than which no encourage ment 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 Correspond ence 199 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 abscnce 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 thrcc hundred tons and forty-two hands, brings home, communibu s annis, after four months' voyage, twenty-fiv e tons of oil, worth four hundred and thirty-seve n pouznds ten shillings sterling. But the wages of the officers and seamen, will be four hundred pounds; the outfit, then, and the merchant's profit, must be paid by the governmen t; and it is accordingl y 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, havc successivel y abandoned it. The Basques began it; but though the most economical and enterprisin g 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 meantime, the inhabitants of the barren island of Nantucket had taken up this fishery, 200 Jefferson's Works invited to it, by the whales presenting themselves on their own shore. To them, therefore, the English relinquishe d 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 lounds five shillings sterling, a ton. The Dutch were enabled to continue it long, because, Ist. They are so near the northern fishing grounds, that a vessel begins her fishing very soon after she is out of port. 2d. They navigate with more economy than the other nations of Europe. 3d. Their seamen are content with lower wages: and 4th, their merchants, with a lower profit on their capital. Under all these favorable circumstan ces, however, this branch of business, after long languishin g, 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 peolple who exercised this fishery to any extent, at the commencem ent of the late war. Their country, from its barrenness yielding no subsistenc e, they were obliged to seek it in the sea which surrounde d 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 parsimonio us in all their expenses. London was their only market. When, therefore, by the Correspond ence 201 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-establis hment of peace, they were capable, in a very short time, of reviving their fishery, in all its splendor. The British Governmen t 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 separ ated 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 establishme nts, and be added to the mass of their seamen. To effect this, they ofered extravagan t advantages to all persons who should exercise the whale fishery from British establishme nts. But not counting with much confidence, on a lung connection with their remaining possession s on the continent of America, foreseeing that the Nantuckois would 202 Jefferson's Works settle in them, preferably, if put on an equal footing with those of Great Britain, and that thus they might have to purchase them the 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 neighborho od 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 governmen t 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 transferre d by a single stroke to the marine strength of their enemy, and to carry over with them an art, which they possessed almost exclusively . 203 Correspond ence The counterpla n 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-thre e persons in the whole, came to Dunkirk; so that this project was not likely to prevent their emigration to the English establishme nts, 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 commmerce. They had done nothing to induce that event. In the same year, 1785, while M. de Calonnes 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 production s and manufactur es, advantageo usly for both nations; provided the obstacles of prohibition , monopoly and duty, were either done away or moderated, as far as circumstan ces 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 governmen t could offer, for the encourage ment of a general commerce with the 204 Jefferson's Works United States. The committee was composed of persons well skilled in commerce; and after laboring assiduousl y for several months, they made their report: the result of which was given in the letter of his Majesty's Comptroller General, of the 22d 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, accordingl y, distinguish ed in the letter of M. de Calonnes, 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 determinin g 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 Calonnes. Monsieur Lambert, Correspond ence 205 with a patience and assiduity almost unexampled , went through all the investigati ons necessary to assure himself, that the conclusion of the committee had been just. Frequent conference s 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 governmen t, to undersell the French fisherman, aided by feebler premiums, and the American, aided by his loverty alone. Nor is it certain, that these speculation s were not made at the risk of the British governmen t, 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 merchandis e 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 merchandis e, by their own governmen t. 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, 206 Jefferson's Works 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 which 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 consumptio n of France, as stated by a person who has good opportuniti es of knowing it, is as follows: lbs. pesant. quinteaux. tons. Paris, according to the registers of 1786........... ................2 ,800,000 28,000 1,750 Twenty-se ven other cities, lighted by M.Sangrain .. ....... ......... 800,000 500 Rouen........ ................. 5oo.ooo 5,ooo 312 1/2 Bordeaux... .............. ....600,000 6,000 375 Lyons........ ...........300, 000 3,ooo I871/2 Other cities,leath er and light.......3, 000,000 30,000 I,875 8,000,000 80,000 5,000 Other calculation s, or say rather, conjecture s, reduce the consumptio n to about half this. It is treating these conjecture s with great respect, to place them on an equal footing with the estimate of the person Correspond ence 207 before alluded to, and to suppose the truth half way between them. But we will do it, and call the present consumptio n of France only sixty thousand quintals, or three thousand seven hundred and fifty tons a year. This consumptio n 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 sixtyfive 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, onefifth of two hundred and sixty-five tons, or fiftythree 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-fiv e 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 consumptio n. To furnish 208 Jefferson's Works for the whole year, would require forty ships of the same size, in years as fortunate as the present, and eighty-five , communibu s 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 consumptio n. 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-thr ee thousand quintals, including this year's produce, are spoken of: this is betwveen 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 twelve month in the whole. But at the end of the twelve month, what is to be done? The manufactur es 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 a8th, 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' Correspond ence 209 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 governmen t has been looking. She fears no r ivals in the whale fisher y but America: or rather, it is the whale fishery of America, of which she is endeavorin g to possess herself. It is for this object, she is making the present extraordina ry efforts, by bounties and other encourage ments; and her succcss, 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 anci address, of recovering it from the Eng VOL-VII-I4 210 Jefferson's Works lish in spite of their bounties. But this Arret endangers the transferrin g 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-fi ve 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 seventytwo men. These are known to have cost the governmen t fifteen pounds each, or one hundred and seventy-si x thousand five hundred and eighty pound, 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 governmen t 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 employeci. If France undertakes , solely, the competition against them, she must do it at equal expense. The trade is too poor to suppcrt itself. The eighty-five ships, necessary to supply even her present consumptio n, bountied, as the Eng`li.sh are, will require a sacrifice of twelve hundred anrl eightyfive thousand two hundred livres a year, to maintain Correspond ence 2 I I 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 Cherbourg, or coal from Newcastle to Havre, in which navigations they would be always at hand, and become good seamen. The English consider among their best sailors, those employed in carrying coal from Newcastle to London. France cannot expect to raise her fishery, even to the supply of her own consumptio n 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 governmen t, as we have no other market. A material observatio n must be added here: sudden vicissitude s 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 , 212 Jefferson's Works whose distance requires six months' notice. Those who are now arriving from America, in consequenc e 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 encourage ment which can be giren 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 quali.ties are known in the American and English markets. Ist. That of the spermaceti whale. 2d. Of the Greenland whale. 3d. Of the Brazil whale. I. The spermaceti whale found by the Nantuckois in the neighborho od 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 Correspond ence 213 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-eigh t; 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 thermomete r, 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 antechambe rs, stairs, galleries, etc. It sells at the London markct 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. Besicies 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 aznd candles. This sells by the pound, at double the price of the oil. The disadvanta ge of this fishery is, that the sailors are from nine 214 Jefferson's Works to twelve months absent on the voyage; of course, they are not at hand on any sudden emergency, and are even liable to bc taken before they know that war is begun. It mtlst be added, on the subject of this whale, tlhat 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 throngerd, soon, as to bring it on a level with the other. It will then require the same extensive support, or to be abandoned. a. The Greenland whale oil is next in quality. It resists coagalation by cold, to thirty-six degrees of Fahrenheit, and two of Reaumur; but it has a smell insupporta bl.e 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 fisherman needs 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 Newfoundla nd, 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 degrees of Fahrenheit, and eight of Reaumur, Correspond ence 215 is black and ofensive; 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, I, of converting a great part of the oils of the spermaceti whale into the solid substance called spermacet.i , heretofore produced from his head alone; a, 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 effect of this refinery, then, would be, I, to supplant the solid spermaceti of all other nations, by theirs, of equal quality, and lower price; a, 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 accommodat ing 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 encourage ment and extension to the whale fishery. But these works were calculated on the Arret of 216 Jefferson's Works 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 considerati ons shall be added on its produce, as a basis of commercial exchange between France and the United States. The discussion 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 enumeratin g 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 financierin g company, whose interest is, to pay in n money, and not in merchandis e, and who are so much governed by the spirit of simplifying their purchases and proceeding s, that they find means to elude every endeavor on the part of Governmen t, 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 manufactur es of France. Whale oil might be next in importance; but that is now prohibited. American 217 Correspond ence rice is not yet of great, but it is of growing consumptio n 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 unsuccessf ul by unfortunat e circumstan ces, 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 consumptio n. 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 manufactur ers, 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 adventurer s in the whale fishery; each of whom, indeed, politically considered, may be of more importance to the State, than a simple laborer or manufactur er; but to make the estimate with the accuracy it merits, 218 Jefferson's Works we should multiply the numbers in each scale into their individual importance, and see which prepondera tes. Both governmen ts 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 prohibition s nor premiums. Commerce there, regulates itself freely, and asks nothing better. Where a governmen t finds itself under the necessity of undertakin g 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, governmen t here has two operations to attend to, with respect to the commerce of the United States; I, to do away, or to moderate, as much as possible, the prohibition s and monopolies of their materials for payment; 2, to encourage the institution of the principal manufactur es, 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 for which it flows; that is, a desire of promoting mutual interests and close friendship. Six hundred thousand of the laboring poor of America, comprehen ding slaves under that denominati on, are clothed in three of the simplest manufactur es possible; to wit, oznaburgs, plains and duffel blankets. The first is a linen; the two last, woollens. It happens, too, 219 Correspond ence 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 manufactur es 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: Livres 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 Duffle blankets 300,000 aune, at seven and four-fifths livres each 2,160,000 Total 7,020,000 It would be difficult to say how much should be added, for the consumptio n of inhabitants of other description s; a great deal surely. But the present view shall be confined to the one description named. Seven millions of livres, are nine millions of day's 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 manufactur es, suppose governmen t 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 manufactur es, with this encourage ment, should raise to the full demand, it will be a sacrifice of three hundred and 220 Jefferson's Works fifty-one thousand livres a year, for ten years only, to produce a perpetual subsistenc e 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 manufactur ers. 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 nationals, the desire of binding them together .by every possible interest and connection, the several acts in favor of this exci:lbtion, 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. Correspond ence 221 TO JOHN JAY. Paris, November 29 1788. SIR,-In the hurry of making up my letter of the 19th inst., 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 explanator y 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 meantime, orders are given to receive our oils which may arrive. The apprehensi on 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 wh.eat and flour from the United States, for a limi.ted timc. This, you will doubtless think proper to have translated and published. The Notables are still in session; the v otes of the separate bureaux, have not yet tbeen red.uced 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 representa tion of the Tiers Etat, in the States General. In the meantime, 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 acro·ss the Danulbe. This movement indicates their going in.to winter quarters, and the 222 Jefferson's Works severity of the weather must hasten it. The thermomete r was yesterday at eight degrees of Fahren· heit, that is, twenty-fou r 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 convulsion s. The Empress of Russia has peremptoril y demanded such aids from Poland as might engage in the war. The King of Prussia, on the other hand, threatens to march an army on their borders. The vote of the Polish confederac y for one hundred thousand men, was a coalition of the two parties, in that single act only. The party opposed to the King, have ubtained 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 newspaper s, speaking by guess on that as they do un all other subjects, might mislead you as to his true situation; or, rather, might mislead others, who know less than they do, that a thing is not rendered the more probable by being mentioned in those papers, 223 Correspond ence 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. TO GENERAL WASHINGTO N. PARIs, December 4, 1788. SIR,-Your favor of August the 31st came to hand yesterday; and a confidential conveyance offering, by the way of Londun, I avail myself of it, to acknowledg e the rcceilbt. I llave seen, with infinite pleasure, our new Constitutio n accelbted lby eleven States, nut rejected by the twelfth; and that the thirte.enth halipens to be a State of tlle least imlburtanc e. It is true, that the minorities in most uf the accelpting States have been very respectalbl e; so much so as to render it prudent, were it not otherwise reasonalble , to make some sacrifice to them. I am in hopes, that the annexation of a bill of rights to the Constitutio n 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 circumstan ces 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 224 Jefferson's Works 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 surlblus, when there shall be one? It will lbe 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, whichmay 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 governmen t wears the front which I hope it will, I see no impossibilit y 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 the 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 SwedeIn also), renders their mediation decisive whcrever it is proposed. They seemed to inter pose it so magister ially between Denmark and Sweden, that the former submitted to its dictates, and there was all reason to believe that the war in the north-west ern parts of Europe would be quieted. All of a sudden, a new flame bursts out in Poland. 225 Correspond ence 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 confederat ed diet, and have passed a vote for subjecting their army to a commission inciepende n.t of the King, and propose a perpetual diet, in which case he will be a perpetual cipher. Russia cieclares against such a change in their constitutio n, and Prussia has put an army into readiness for marching, at a moment's warning, on the frontiers 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, notwithsta nding all the stuff the English papers publish about his fevers, his deliriums, etc. The truth is, that the lunacy declared itself almost at once, and with as few concomitan t complaints as usually attend the first developmen t 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 convocatio n of the States General was announced, a tranquillity took place through the whole kingdom; happily, no open rupture has taken place in any part of it. The parliaments were reinstated in their functions at the same time. This was all they desired; and they had V0L. VII-I5 226 Jefferson's Works called for the States General only through fear that the crown could not otherwise be forced to reinstate them. Their end obtained, they began to foresee clanger to themselves in the States General. They began to lay the foundation for cavilling 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 approbatio n on the former occasion, and referred to them the forms of calling ancl organi.zing the States General. These Notalbles consist principally of Nobility and Clergy; the few of the Tiers Etat among them being eitlher parliament men, or other lbrivileged lbersuns. 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 lby orders. But the Notables, in the true slbirit of I?riests and Nobles, combilnng together agai.nst the people, have voted, by five bureaux ibut 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 combinatio n between the two Houses of Clergy and Nobles, will render the representa tion of the Tiers Etat merely nugatory. The bureaux Correspond ence 227 are to assemble together, to consolidate their sepa- rate 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 dis- regard the opinion of the Notables in this instance, and may call an equal representa tion of the peolble, 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 enlightene d, 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 convocatio n; 2, their exclusive right of taxation (which has been confessed by the King); 3, the right of registering laws, and of previously proposing amendment s 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 par- liaments, and from the desire of having to do with one, rather than many legislature s. If the States are pru- dent, they will not aim at more than this at first, lest they should shock the disposition s of the court, and even alarm the public mind, which must be left to open itself by degrees to successive improveme nts. These will follow, from the nature of things; how far they can proceed, in the end, towards a thorouglh · reformation of abuse, cannot be foreseen. In my opinion, a kind of ..which fluence which none of their plans 228 Jefferson's Works of reform take into account, will elude them all; I mean the influence of women, in the governmen t. 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 solicitation s bid defiance to laws and regulations . This obstacle may seem less to those who, like our countryme n, are in the precious habit of considerin g 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 omnipotenc e 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 communicat ions 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 circumstan ces, 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 meantime, I have laid my shoulder to the opening the markets of this country to our produce, and rendering its transportat ion a nursery for our seamen. A maritime force is the only one, by which Correspond ence 229 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 importation s to home-bottoms, or those of the producing nation, I think we should confine exportation s to home-botto ms, or to those of nations having treaties with us. Our exportation s 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 participatio n of it, in exchange for free access to all their possession s. This is an object to which our governmen t alone is adequate, in the gross; but I have ventured to pursue it here, so far as the consumptio n of our production s by this country extends. Thus, in our arrangeme nts 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 w-ill but 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 consumptio n of rice is growing fast in this country, and that of Carolina gaining ground on every other kind. I am of opinion, the 230 Jefferson's Works whole of the Carolina rice can be consumed here. Its transportat ion 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 transportat ion 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 r ice might lie on hand for want of vessels; but I see no objections to the extensions 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 governmen t 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 arrangeme nts. 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 conference s 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 communicat ion 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 231 Correspond ence 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 observatio ns 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 accordingl y correct this, so that our oils will participate with theirs, in the monopoly of their markets. There are several things incidentall y introduced, which do not seem pertinent to the general question; they were rendered necessary by particular circumstan ces, 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. P. S. The observatio ns enclosed, though printed, have been put into confidentia l hands only. TO JOHN ADAMS. PARIS, December 5, 1788. DEAR SIR,-I had the pleasure of writing to you on the 2d of August, and of adding a postscript of August the 6th. * * * * * * * 232 Jefferson's Works 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 consequenc e of the English treaty, their oils fiowed in, and overstocke d 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 governlnen t, 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 conference s 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 adventurer s. I therefore wrote the observatio ns (of which I enclose you a printed copy), had them printed to entice them to read them, and particularl y 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 particu Correspond ence 233 larly intended for Mr. Neckar, who was quite a stranger to the subject, who has principles of economy, and will enter into calculation s. Other subjects are incidentall y introduced; though little connected with the main question, they had been called for by other circumstan ces. 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 communicat ed to me, which re-establis hed that of December 29th. They expressed fears, that, under cover of our name, the Nova Scotia oils would be introduced; ancl 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 encourage ment 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 transferre d 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 234 Jefferson's Works 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 adventurer s that they may pursue their enterprises as safely as if that had never been passed, and more profitably, because we participate now of a monopolize d, instead of an open market. The enclosed observatio ns, though printed, have only been given to the ministers, and one or two other confidentia l 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 reconducti ng my family to America, and of placing my affairs there under permanent arrangeme nts, 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 particularl y, 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 affectionat e attachment, dear Sir, your friend and servant. Correspond ence 235 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 circumsta nccs will oblige me to postpone it, at least. We arc here under a most extraordina ry degree of cold. 'The thermomete r has been ten degrees of Reaumur below freezing; this is eight degrees of Fahrenheit above zero, and was the degree of cold here in in the year 1740. The long continuanc e of this severity, and the snow now on the ground, give physical prognostic ations 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 consolidate d; 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 236 Jefferson's Works the two. Stocks are rising slowly, but steadily. The loan of 1784, is at thirteen loss; the caisse d'escompte, four thousand and seventy-fi ve. The Count de Bryenne has retired, and M. de Puy-segur succeeded to his place. Madame de Chambonois (sister of M. de Langear) is dead of the smallpox. Pio is likely to receive a good appointmen t 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 extravagan ce which had succeeded to the close of the war. The Potomac canal is in great forwardnes s. J. M. writes me word that Mr. Jay and General Knox are talked of in the middle States for Vice-Presid ents, but he queries whether both will not prefer their present berths. It seems agreed that some amendment s will be made to the new Constitutio n. 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 governmen t will oppose the method of amendment by a federal convention, which would subject the whole instrument to change, anci they will support the other method, which admits Congress, by a vote of two-thirds, to submit Correspond ence 237 specific changes to the Assemblies, three-fourt hs of whom must concur to establish them. The enclosed letter is from Pallegrino, one of the Italian laborers established in our neighborho od. 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 opportunit y 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 affectionat e friend and servant. [The annexed is here inserted in the Author's MS. with out stating to whom it is addressed. ] The Minister Plenipotent iary for the United States of America, finds himself under the necessity of declining to authenticat e writings destined to be sent to the United States, for this main reason, that such authenticat ion is not legal evidence there. After a reason so sufficient, it seems superfluou s to add, that, were his authenticat ion admissible in the courts o£ 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-writi ng legible to 238 Jefferson's Works him, and had been compared together by him, word by word: that so numerous are the writings presented, that their authenticat ion alone, would occupy the greater part of his time, and withdrawin g 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 authenticat ion of foreign writings, are not the same through all the United States, some requiring an authenticat ion under the seal of the Prevote of a city, and others admitting that of a Notary; but that writings authenticat ed 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 authenticat ion. TO DOCTOR CURRIE. PARIS, December 20, 1788. DEAR Doctor,-"Pr ocrastinati on is the thief of time, '' so says Young, and so I find it. It is the only apology, and it is the true one for my having been so long without writing to you. In the meantime I shall overtake the present epistle if it be as long getting to you as my letters are sometimes coming to me from America. I have asked o£ Congress a leave of five or six months' absence this year to carry my family back to America, and hope to obtain it in time to sail in April from Havre for James river Correspond ence 239 directly. In this case I shall have the pleasure of seeing you at Richmond and Eppington a few days. This country is seriously meditating the establishme nt of a constitutio n, and the distress of the court for money, with the real good intentions of the King, will produce their concurrenc e in it. All the world is occupied at present in framing, every one his own plan, of a bill of rights. The States General will meet probably in March, (the day not being yet known). They will probably establish their own periodical meetings, their right to participate of the legislation, their sole right to tax. So far the court will not oppose. Some will endeavor to procure, at the same time, a habeas corpus law and free press. I doubt if the latter can be obtained yet, and as for the former, I hardly think the nation itself ripe to accept it. Though they see the evil of letters de cachct, they believe they do more good on the whole: They will think better in time. The right of taxation includes the idea of fixing a civil list for the King, and of equalizing the taxes on the clergy and nobility as well as the commons. The two former orders do not pay one-third of the proportion ad valorem, which the last pay. This will be a great addition to their revenue. While engaged so much internally, you may be assured they wish for external peace. The insanity of the King of England will much befriend their desires in this respect. Regencies are generally peaceable. The war in the north appeared at one time likely to be quieted, but new dissensions in 240 Jefferson's Works Poland threaten to embroil Russia and Prussia. In this case Prussia will previously make her peace with the Turks by ceding the Crimea to them. So much for political news. In the literary way we are like, after a very long dearth of good publication s, to have something worth reading. The works of the late King of Prussia in sixteen volumes Svo, appear now. They contain new and curious historical matter. A work on Grecian Antiquities, by the Abbe Barthelemi, of great classical learning, the produce of twenty years' labor, is now in the press, about eight volumes Svo. A single small volume on governmen t, by the Marquis de Condorcet, is struggling to get abroad in spite of the prohibition it is under. You have heard of the new chemical nomenclatu re endeavored to be introduced by Lavoisier, Fourcroy, etc. Other chemists of this country, of equal note, reject it, and prove, in my opinion, that it is premature, insufficient and false. These latter are joined by the British 'chemists; and upon the whole, I think the new nomenclatu re will be rejected, after doing more harm than good. 'I here are some good publication s in it, which must be translated into the ordinary chemical language before they will be useful. A person lately discovered here a very simple method of bleaching yellow paper, or stained paper, (provided there be no grease on the stain,) by the fumes of the muriatic acid poured on magnesia. He showed it to me two or three days after the discovery. On mentioning it to M. Bertholet, we found that a process on the Correspond ence 241 same principles had, for a year or two past, been adopted successfull y for the bleaching linen. This is now effected in from eight hours to two or three days, without requiring the great bleaching fields which the ancient method does; and they say that the linen is less injured. There are two large bleacheries established in this country on this principle, and I believe they are beginning to try it in England. There is a vast improveme nt in the composition of gunpowder , not yet communicat ed to the public. We are now at the twenty-nin th livraison of the Encycloped ia. I shall bring to Mr. Hay what he has not yet received, and have then the pleasure of assuring you in person of the sentiments of sincere esteem with which I am, dear Sir, your friend and servant. 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 confidentia lly; but you know, such a correspond ence between you and me cannot pass through the post, nor even by the couriers of ambassador s. The French packet boats being discontinue d, I am now obliged to watch opportuniti es by Americans going to London, to write my letters to America. Hence it has happened, that these, the sole oppor- VOL. VII-I6 242 Jefferson's Works tunities 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 occurrence s. Notwithsta nding the interval of my answer which has taken place, I must beg a continuanc e of your correspond ence; because I have grcat confidence in your communicat ions, and since Mr. Adams' departure, I am in need of authentic information from that country. I will begin with the subject of your bridge, in which I feel mysclf 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 expectation s. 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 the radii. I am sure it will gain, both in beauty and strength. It is true that the divergence of those 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 longitudi Correspond ence 243 nally, 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 part of the whole machine, which, in a first esperiment 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 scientific work. I have not yet had time to engage in it; but I find that the conclusions of his demozlstrat ions are, that evcry 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 plessure will be equally borne by every point of it. If any one point is pushed with accumulate d 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 nf concentric circles, which are equi-distan t 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. 244 Jefferson's Works Nothing has been done here on the subject since you went away. There is an Abbe D'Arnal at Nismes who has obtained an exclusive privilege for navigating the rivers of this country, by the aid of thc steam engine. This interests Mr. Rumsey, who had hoped the same thing. D'Arna1'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 circumstan ces 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 mathematic al demonstrat ions, 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 intermediat e 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 neighborin g 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. 245 Correspond ence TO MR. THOMAS PAINE. PARIS, December 23, 1788. DEAR SIR,-As to the affairs of this country, they have hitherto gone on well. The Court being decided to call the States General, know that the form of calling and constitutin g them would admit of cavil. They asked the advice of the Notables. These advised that the form of the last States General of 1614 be observed. In that, the commons had but about one-third of the whole number of members, and they voted by orders. The Court wished now that they should have one-half of the whole number of members, and that they should form but one house, not three. The parliament have taken up the subject, and given the opinion which the Court would have wished. We are, therefore, in hopes that, availing themselves of these contrary opinions, they will follow that which they wished. The priests and nobles threaten schism; and we do not know yet what foxm will ultimately be adopted. If no schism of this kind prevents it, the States will meet about March or April, and will obtain, without opposition from the Court, I. Their own periodical convocatio n; 2. A share in the legislation; 3. The exclusive right to tax and appropriat e the public money. They will attempt also to obtain a habeas corpus law and free press; but it does not appear to me that the nation is ripe to accept of these, if offered. They may try to modify them to their present ideas in their 246 Jefferson's Works first session, and at some future day adopt them in all their latitude. Upon the whole, if the dispute between the privileged and unprivilege d orders does not prevent it, there is no doubt in my mind that they will obtain a fixed, free and wholesome Constitutio n. I should add, also, if external war does not call them from this pursuit. But against this they are secured by the insanity of the King of England, and they will not suffer themselves to be drawn into war by any other nation. There is reason to believe that the disturbanc es lately arisen in Poland, will induce the Empress to make her peace with the Turks, by parting with the Crimea, that she may be able to turn herself this way and preserve Poland, of more consequenc e to her. In this event, there is no doubt the Emperor makes peace with the Turks also, and it would not surprise if he and the Empress should attack the King of Prussia. I think it is not apprehend ed here that the death of the King of Spain will make any change in the politics of that Court. You ask about Mr. Littlepage. We heard that he joined the Prince of Nassau on the Black Sea, but know nothing of him since, nor have we any information about Paul Jones since the first action on that sea, wherein he was present. You also ask when I shall go to America, and whether by the way of England. I hope to receive my permission in time to sail immediately after the vernal equinox, because this will give me time to arrange my affairs in America and to return here between the autumnal equinox 247 Correspond ence and setting in of the winter. I shall certainly not go by the way of England. The encumbran ce of a family and baggage will prevent this. I hope you will find some conveyance sufficiently confidentia l to communicat e to me by letter what you say you wish to communicat e in person. While in America, I shall attend on our President and Senate in order to possess them of such views of European affairs as I shall have been able to obtain. I shall suppose this the more my duty, as they will be forming their plan of foreign affairs. You have heard of the Arret of September 28th excluding foreign whale oils from the ports of the country. I have obtained the promise of an explanator y Arret to declare that that of September 28th was not meant to extend to us. Orders are accordingl y given in the ports to receive ours, and the Arret will soon be published. This places us on a better footing than ever, as it gives us a monopoly of this market in conjunctio n with the French fishermen. TO MR. CARMICHAE L. PARIS, December 25, 1788· DEAR SIR,-A sick family has prevented me, for upwards of a month, from putting pen to paper but in indispensa ble cases, and for some time before that, I had been waiting to receive American news worth communicat ing to you. These causes have occasioned my silence since my last, which was of the 248 Jefferson's Works 12th of August, and my leaving unacknowle dged, till now, your several favors, of July 24th Aug. 14th, Sept. 9th and Nov. 3d. That of the 14th instant also came to hand the day before yesterday. You have long ago known that eleven States have ratified our new Constitutio n, and that North Carolina, contrary to all expectation ., had declined either accepting or refusing, but has proposed amendment s copied verbatim from those of Virginia. Virginia and Massachuse tts had preferred this method of managemen t, that is to say, desiring Congress to propose specific amendment s to the several legislature s, which is one of the modes of amendment provided in the new Constitutio n; in this way nothing can be touched but the parts specifically pointed out. New York has written circular letters to the legislature s to adopt the other mode of amendment, provided also by the Constitutio n, that is to say, to assemble another federal convention. In this way the whole fabric would be submitted to alteration. Its friends, therefore, unite in endeavorin g to have the first method adopted, and they seem agreed to concur in adding a bill of rights to the Constitutio n. This measure will bring over so great a part of the opposition, that what will remain after that will have no other than the good effect of watching, as sentinels, the conduct of governmen t, and laying it before the public. Many of the opposition wish to take from Congress the power of internal taxation. Calculation has convinced me this would be very mis Correspond ence 249 chievous. The Electors are to be chosen the first Wednesday of January; President the first Wednesday in February, and the new governmen t is to meet at New York the first Wednesday in March. The election of Senators has already begun. Pennsylvan ia has chosen Mr. R. Morrison and McClay; Connecticu t, Dr. Johnson and Elsworth. I have heard of no others. I hope there is no doubt of General Washington 's acceptance of the Presidents hip. Mr. J. Adams, Mr. Hancock, Mr. Jay and General Knox, are talked of in the Northern and Middle States for Vice-Presid ent. Yet it is suggested to me that the two latter will probably prefer their present offices, and the two former divide each other's interest so that neither may be chosen. Remarkable deaths are Colonel Bannister of Virginia, and John Penn of North Carolina. General Washington writes me word that the great rains had prevented the continuanc e of their labors on the Potomac, so that they should not be able to bring the navigation this winter to the great falls as he had hoped. It will want little of it, and no doubt remains of their completing the whole. That of James River has some time since been so far completed as to let vessels pass down to Richmond. The crop of wheat in America the last year has been a fine one both for quantity and quality. This country is likely to want. They have offered a premium of forty sous the quintal on flour of the United States, and thirty sous on their wheat imported here. They 250 Jefferson's Works have also opened their islands for our supplies. Much will come here. Views which bid defiance to my calculation s had induced this court in an Arret of September 28th, to comprehen d us with the English, in the exclusion of whale oil from their ports, in flat contradicti on to their Arret of December last. This you know would be a sentence of banishment to the inhabitants of Nantucket, and there is no doubt they would have removed to Nova Scotia or England, in preference to any other part of the world. A temporary order, however, is now given for our admittance, and a more prominent one under preparatio n. The internal affairs of this country will, I hope, go on well. Neither the time, place, nor form of the States General are yet announced. But they will certainly meet in March or April. The clergy and nobility, as clergy and nobility eternally will, are opposed to the giving to the Tiers Etat so effectual a representa tion as may dismount them from their backs. The court wishes to give to the unprivilege d order an equal number of votes with the privileged, and that they should sit in one house, but the court is timid. Some are of opinion that a majority of the nobles are also on the side of the people. I doubt it when so great a proportion of the Notables, indeed almost an unanimity, were against them, and five princes of the blood out of seven. If no schism prevents the proceeding s of the States General, I suppose they will obtain in their first session, I. The periodical convocatio n of the Correspond ence 251 States. z. Their participatio n in the legislature; and 3. Their exclusive right to levy and appropriat e money; and chat at some future day, not very far distant, they will obtain a habeas corpus law and free press. They have great need of external peace to let them go on quietly with these internal improveme nts. This seems to be secured to them by the insanity of the King of England. Regents are generally peaceable, and I think this country will not let itself be diverted from its object by any other power. There are symptoms which render it suspicious that the two empires may make their peace with the Turks. It seems more eligible to Russia to do this by ceding the Crimea to them, that she may turn to the other side and save Poland, which the King of Prussia is endeavorin g to wrest from her. Probably the loss of his principal ally will induce him to adopt a language and a conduct less Thrasonic. The death of the King of Spain contributes to throw into uncertaint y the future face and fate of Europe. The English count on his successor. We have not yet received from London the decision on the question of regency. It is believed the Prince of Wales will be sole regent, and that there will be a total change in the ministry. In this case, probably 1405. 452. will be 846. 1453 · 915. he will have found that the old proverb is not always true, "that a bird in the hand is worth two in the bush. "There is something 816. 1209. 1225. 319. 1548. 173. 1140 457· 980. 913. 537· 814· 478· 887· 1363· 12. 1271. 1266. 904. 1266. 1017. 1548. 1128. 1581. 254· 252 Jefferson's Works The necessity of carrying back my family to America, and of carrying my affairs, which I left under expectation of returning to them very soon, have induced me to ask of Congress a leave of five or six months absence during the next year. I hope to obtain it in time to sail soon after the vernal equinox, and shall return immediately after the autumnal. I shall be happy while there if I can render you any service, and shall hope to receive your commands before my departure. and in the meantime a continuanc e of your interesting communicat ions, now become much more so, till we see which way the new administrat ion of your residence will turn itself. I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant. TO DR. PRICE. PARIS, January 8, 1789. DEAR SIR,-I was favored with your letter of October 26th and far from finding any of its subjects uninteresti ng as you apprehend, they were to me, as everything which comes from you, pleasing and instructive . I concur with you strictly in your opinion of the comparativ e merits of atheism and demonism, and really see nothing but the latter in the Being worshiped by many who think themselves Christians. Your opinions and writings will have effect in bringing others to reason on this subject. Correspond ence 253 Our new Constitutio n, of which you speak also, has succeeded beyond what I apprehend ed it would have done. I did not at first believe that eleven States out of thirteen would have consented to a plan consolidati ng them as much into one. A change in their disposition s, which had taken place since I left them, had rendered this consolidati on necessary, that is to say, had called for a federal governmen t which could walk upon its own legs, without leaning for support on the State legislature s. A sense of necessity, and a submission to it, is to me a new and consolatory · proof that, whenever the people are well-informed, they can be trusted with their own governmen t; that, whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights. You say you are not sufficiently informed about the nature and circumstan ces of the present struggle here. Having been on the spot from its first origin, and watched its movements as an unintereste d spectator, with no other bias than a love of mankind, I will give you my ideas of it. Though celebrated writers of this and other countries had already sketched good principles on the subject of governmen t, yet the American war seems first to have awakened the thinking part of this nation in general from the sleep of despotism in which they were sunk. The officers too who had been to America, were mostly young men, less shackled by habit and prejudice, and more ready to assent to the dictates of common sense and common right. They 254 Jefferson's Works came back impressed with these. The press, notwithsta nding its shackles, began to disseminate them; conversatio n, too, assumed new freedom; politics became the theme of all societies, male and female, and a very extensive and zealous party was formed, which may be called the Patriotic party, who, sensible of the abusive governmen t under which they lived, longed for occasions of reforming it. This party comprehended all the honesty of the kingdom, sufficiently at its leisure to think; the men of letters, the easy bourgeois, the young nobility, partly from reflection, partly from mode; for those sentiments became a matter of mode, and as such united most of the young women to the party. Happily for the nation, it happened that, at the same moment, the dissipation s of the court had exhausted the money and credit of the State, and M. de Calonnes found himself obliged to appeal to the nation, and to develop to it the ruin of their finances. He had no idea of supplying the deficit by economies, he saw no means but new taxes. To tempt the nation to consent to these some douceurs were necessary. The Notables were called in 1787. The leading vices of the constitutio n and administrat ion were ably sketched out, good remedies proposed, and under the splendor of the proposition s, a demand for more money was couched. The Notables concurred with the minister in the necessity of reformation , adroitly avoided the demand of money, got him displaced, and one of their leading men placed in his room, Correspond ence 255 archbishop of Thoulouse, by the aid of the hopes formed of him, was able to borrow some money, and he reformed considerbl y the expenses of the court. Notwithsta nding the prejudices since formed against him, he appeared to me to pursue the reformation of the laws and constitutio n as steadily as a man could do who had to drag the court after him, and even to conceal from them the consequenc es of the measures he was leading them into. In his time the criminal laws were reformeci, provincial assemblies and States established in most of the provinces, the States General promised, and a solemn acknowledg ment made by the King that he could not impose a new tax without the consent of the nation. It is true he was continually goaded forward by the public clamors, excited by the writings and workings of the Patriots, who were able to keep up the public fermentatio n at the exact point which borders on resistance, without entering on it. They had taken into their alliance the Parliaments also, who were led, by very singular circumstan ces, to espouse, for the first time, the rights of the nation. They had from old causes had personal hostility against M. de Calonnes. They refused to register his laws or his taxes, and went so far as to acknowledg e they had no power to do it. They persisted in this with his successor, who therefore exiled them. Seeing that the nation did not interest themselves much for their recall, they began to fear that the new judicatures proposed in their place would be established and that their own sup 256 Jefferson's Works pression would be perpetual. In short, they found their own strength insufficient to oppose that of the King. They, therefore, insisted that the States General should be called. Here they became united with and supported by the Patriots, and their joint influence was sufficient to produce the promise of that assembly. I always suspected that the archbishop s had no objections to this force under which they laid him. But the Patriots and Parliament insisted it was their efforts which extorted the promise against his will. The re-establis hment of the Parliament was the effect of the same coalition between the Patriots and Parliament; but, once re-establis hed, the latter began to see danger in that very power, the States General, which they had called for in a moment of despair, but which they now foresaw might very possibly abridge their powers. They began to prepare grounds for questionin g their legality, as a rod over thc head of the States, and as a refuge if they should really extend their reformation s to them. Mr. Neckar came in at this period and very dexterousl y disembarra ssed the administrat ion of these disputes by calling the Notables to advise the form of calling and constitutin g the States. The court was well disposed towards the people, not from principles of justice or love to them; but they want money. No more can behad from the people. They are squeezed to the last drop. The clergy and nobles, by their privileges and influence, have kept their property in a great measure untaxed hitherto. They Correspond ence 257 then remain to be squeezed, and no agent is powerful enough for this but the people. The court therefore must ally itself with the people. But the Notables, consisting mostly of privileged characters, had proposed a method of composing thc States, which would have rendered the voice of the people, or Tiers Etats, in the States General, inefficient for the purpose of the court. It concurred then with the Patriots in intriguing with the Parliament to get them to pass a vote in favor of the rights of the people. This vote, balancing that of the Notables, has placed the court at liberty to follow its own views, and they have determined that the Tiers Etat shall have in the States General as many votes as the clergy and nobles put together. Still a great question. remains to be decided, that is, shall the States General vote by orders, or by persons? Precedents are both ways. The clergy will move heaven and earth to obtain the suffrage by orders, because that parries the effect of all hitherto done for the people. The people will probably send their deputies expressly instructed to consent to no tax, to no adoption of the public debts, unless the unprivilege d part of the nation has a voice equal to that of the privileged; that is to say, unless the voice of the Tiers Etat be equalled to that of the clergy and nobles. They will have the young noblesse in general on their side, and the King and court. Against them will be the ancient nobles and the clergy. So that I hope, upon the whole, that by the time they meet, there will be a majority of the nobles VOL VCI-17 258 Jefferson's Works themselves in favor of the Tiers Etat. So far history. We are now to come to prophecy; for you will ask, to what will all this lead? I answer, if the States General do not stumble at the threshold on the question before stated, and which must be decided before they can proceed to business, then they will in their first session easily obtain, I. Their future periodical convocatio n of the States. 2. Their exclusive right to raise and appopriate money which includes that of establishin g a civil list. 3, A participatio n in legislation; probably at first, it will only be a transfer to them of the portion of it now exercised by parliament, that is to say, a right to propose amendment s and a negative. But it must infallibly end in a right of origination. 4. Perhaps they may make a declaration of rights. It will be attempted at least. Two, other objects will be attempted, viz., a habeas corpus law and a free press. But probably they may not obtain these in the first session, or with mcdificatio ns only, and the nation must be left to ripen itself more for their unlimited adoption. Upon the whole, it has appeared to me that the basis of the present struggle is an illumination of the public mind as to the rights of the nation, aided by fortunate incidents; that they can never retrograde, but from the natural progress of things, must press forward to the establishme nt of a constitutio n which shall assure to them a good degree of liberty. They flatter themselves they shall form a better constitutio n than the English. I think it will be better in some points-wor se Correspond ence 259 in others. It will be better in the article of representa tion, which will be more equal. It will be worse, as thcir situation obliges them to keep up the dangerous machine of a standing army. I doubt, too, whether they will obtain the trial by jury, because they are not sensible of its value. I am sure I have by this timc heartily tired you with this long epistle, and that you will be glad to see it brought to an end, with assurances of the sentiments of esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant. 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 unparallele d 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 thermomete r; and it has increased the difficulties of the administrat ion here. They had, before, to struggle with the want of money, and 26o Jefferson's Works 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 subterrane ous barracks; and the Captain Pacha has retired with his fleet. The death of the King of Spain has contribute d, with the insanity of the English King, to render problematic al, the form which the affairs of Europe will ultimately take. Some think a peace possible between the Turks and the two Empires, with the cession of Crinea 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 certain uneasy at the accident happened to his principal ally. There seems no dozzbt, 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 particularl y, that of declaring war without the consent of the parliment. Should his personal disposition s, therefore, and that of a new ministry, be the same which the King had, of co-operatin g with Prussia, yet the latter cannot count on their effect. Probalbly, 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 interestin, I have endeavored to learn what it Correspond ence 26I 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 opportuniti es of knowing the Prince; but he has also, himself, had special occasions of verifying their information , by his own personal observatio n. He h.appened, 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, bccause small; drank Champagne and Buz-gundy , 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 conversatio n 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 circumstan ee he owecl his pronunciati on. He led him from this to give an account of his education, the total of which was the learning a little Latin. 262 Jefferson's Works He has not a single element of Mathematic s, 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 conversatio n are only horses, drinking-m atches, bawdy houses, and in terms the most vulgar. The young nobility, who begin by associating with him, soon leave him, disgusted with the insupporta ble 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, neverthele ss, 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 becomi.ng coarse. He possesses good native common sense; i.s affable, polite, and very good humored. Sayi.ng to my informant, on another occasi.on, "your friend, such a one, dined with me yesterday, and I made him damned drunk-" Correspond ence 263 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 understand ing. To these particular traits, from a man of sense and truth, it would be sulperfluous 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 establishme nt of a constitutio n, 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 264 Jefferson's Works General in legislation, reserves still to the parliament the right of enr egistering, 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 memoir, threatenin g a scission. The parliament were proposing to approve of that memoir, (by way of rescinding their-forme r vote,) and were prevented from it by the threat of a young member to impeach (denoncer) the memoir and the Princes who signed it. The vote of the Notables, therefore, remaining balanced lby that of the Parliament, the voice of the natinn becnming lnurl an.rl general for the rights of the Tiers Etat, a strong probability that if they were not allowed one half the representa tion, they would send up their members with express instruction s 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 disposition s 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 i.s 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 thei.r privilcges and their influence, have hitherto scrcencil their property in a great degree, frotn public contributio n. That half of the orange then, remains yet to be squeezed, and for this 265 Correspond ence 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 cr isis 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 unattempte d to obtain the latter; for they see that the spirit of reformation will not confine itself to the political, but will extend to the ecclesiastic al establishme nt 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 consequent ly for voting by persons, and not by orders. You will perceive, by the report of Mr. Neckar, (in the gazette of France,) I, a renewal of the renunciatio n of the power of imposing a new tax by the King; and a like renunciatio n of the power of continuing any old one; 2, an acknowledg ment that the States are to appropriat e the public moneys, 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 restriction s 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 responsibil ity of ministers. Nothing is said of communicat ing to them a share in the legislation. The ministry, 266 Jefferson's Works perhaps, may be unwilling to part with this, but it will be insisted on in the States. The letters of convocatio n 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 meantime, Mr. Neckar 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 governmen t twenty-fiv e 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 Generalissi mo 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 embarrass ment to the re-establis hment of governmen t in England. Since writing mine of November the 29th, yours of the 23d 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 counterwor k his plan of redemption , whenever we can enable him to begin on it. I gave him 267 Correspond ence 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 whnle million last agreed tn be borrowed, but I have no doubt of it, from other information , thnugh I have not their fnrmal affirmative. The gazettes nf Leyden and France to this date, accompany this. I have the honor tn be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO JAMES MADISON. PARIS, January I2, 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 Mohican language, for which, receive my thanks. I endeavor to collect all the vocabularie s 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 268 Jefferson's Works had before seen, with great uneasiness, the pursuits 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 consequenc e. 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 constitutio n; and there was a moment that we apprehend ed 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 appearance s for their own a,uthority, than anything else; for at the very time they pretended that they had put him into disgrace, they were constantly conferring and communicat ing with him. Since this, he has stood on safe ground, and is viewed as among the foremost of the patriots. Everybody here is trying their hand at forming declaration s 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, accommodat ed 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 Correspond ence 269 to the existing abuses, the latter goes to those possible, as well as to those existing. With respect to Dr. Spence, supposed to have been taken by the Algerines, I think the report extremely improbable. O'Bryan, one of our captives there, has constantly written to me, and given me information on every subject he thought interesting . He could not have failed to know if such a capture had been made, though before his time, nor to inform me of it. I am under perpetual anxiety for our captives there. The money, indeed, is not yet ready at Amsterdam; but when it shall be, there are no orders from the board of treasury to the bankers, to furnish what may be necessary for the redemption of the captives; and it is so long since Congress approved the loan, that the orders of the treasury for the application of the money would have come, if they had intended to send any. I wrote to them early on the subject, and pointedly. I mentioned it to Mr. Jay also, merely that he might suggest it to them. The payments to the foreign officers, will await the same formality. I thank you for your attention to the case of Mrs. Burke. We have no news of Dr. Franklin since July last, when he was very ill. Though the silence of our letters on that subject is a proof that he is well, yet there is an anxiety here among his friends. We have lately had three books published, which are of great merit, in different lines. Thc one is in seven volumes, octavo, by- an Abbé Bartheleam y, 270 Jefferson's Works wherein he has collected every subject of Grecian literature, after a labor of thirty years. It is called `Les voyages d 'Anacharsis . '' I have taken a copy for you, because the whole impression was likely to be run off at once. The second is a work on governmen t, by the Marquis de Condorcet, two volumes, octavo. I shall secure you a copy. The third are the works of the King of Prussia, in sixteen volumes, octavo. These were a little garbled at Berlin, before printed. The govez-nme nt lays its hands on all which come hcz-e, and change some leaves. There is a gcnuinc edition published at Balse, where even the garblings of Berlin are re-establis hed. I doubt the possibility of getting a copy, so vigilant is the governmen t as to this work. I shall obtain you one, if it be possilble. As I write all the public news to Mr. Jay, I will not repeat it to you. I have just received the Flora Caroliniana of Walter, a very learned and good work. I am, with very sincere esteem and respect, dear Sir, your friend and servant. TO JOHN JAY. PARIS, January 14, 1789. SIR,-In my letter of the 11th, I have said nothing of the Arret explanator y of that of September the 28th, on the subject of whale oils, which my letter of November the 19th gave you reason to expect. Though this explanator y Arret has been 271 Correspond ence passed so long ago as the 7th of December, it has not been possible for me to obtain an authentic copy of it, till last night. I now enclose that to you, with a copy of a letter to me from Mr. Neckar, on the subject. The reception of our oils, in the meantime, is provided for by an intermedi.a te order. You will observe, that in the Arret it is said to be passed "provisoire ment, '' and that Mr. Neckar expressly holds up to us in his letter, a repeal, whenever the national fishery supplics their wants. The Arret, however, is not limited in its duration, and we have several chances against its repeal. It may be questioned, whether Mr. Neckar thinks the fishery worth the expense. It may be well questioned, whether, either with or without encourage ment, the nation whose navigation is the last economical of all in Europe, can ever succeed in the whale fishery, which calls for the most rigorous economy. It is hoped that a share in the legislation wili pass immediately into the hands of the States General, so as to be no longer in the power of the commis of a bureau, or even of his minister to smuggle a law through, unquestion ed; and we may even hope that the national dcmand for this oil will increase faster than both their and our fisheries togcther will supply. But in spite of all these hopes, if the English should find means to cover their oils under our name, there will be great danger of a repeal. It is essential, then, that our governmen t take effectual measures to prevent the English from obtaining genuine sea 272 Jefferson's Works papers, that they enable their consuls in the ports of France (as soon as they shall be named) to detect counterfeit papers, and that we convince this governmen t that we use our best endeavors with good faith, as it is clearly our interest to do; for the rivalship of the English, is the only one we have to fear. It had already begun to render our oils invendible in the ports of France. You will observe that Mr. Neckar renews the promise of taking off the ten sous pour livre, at the end of the next year. Oczakow is at length taken by assault. The assailants were fourteen thousand, and the garrison twelve thousand, of whom seven thousand were cut to pieces before they surrendere d. The Russians lost three thousand men. This is the Russian version, of which it is safe to believe no part, but that Oczakow is taken. The Speaker of the English House of Commons, having died suddenly, they have chosen Mr. Grenville, a young man of twenty seven. years of age. 'This proves that Mr. Pitt is firm with the present parliament. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO MR. ADAMS. PARIS, January 14, 1789. DEAR SIR,-I now do myself the pleasure to enclose to you a copy of the Arret explanator y of that of Correspond ence 273 September z8th, on the subject of our whale oils. Mr. Neckar in a letter to me has reserved the promise of taking off the ten sous per livre at the end of the next year. But, at the same time, he observes that whenever the national fishery shall be able to supply their demand for whale oil, we must expect a repeal of this Arret, which therefore expresses itself to be provisory. However, thcir navigation being the most expensive in Europe, they are thc least likely to sttcceecl in a whale fishery, without encourage ments more extravagan t than even those they now give; and it remains to be seen wvhether Mr. Neckar will contintue to give even thc present. I am informed there will be fewer French adventurer s the next year than there has been this; so that if there be an apparent increase of their fishery, it will be by drawing over more of our fishermen. It is probable the States General will obtain a participatio n in the legislation, which will render their laws more stable, and more to be relied on. Mr. Neckar has also promised that if the present Arret should at any time be repealed, there shall be a sufficient space of time allowed for the reception of the oils which shall have been previously embarked. But our principal, if not our only danger, of a repeal being brought on, will come from the endeavors of the English to introduce their oils under color of ours, perhaps even with the assistance of our own merchants. Some effectual means must be adopted to prevent them from. VOL. VII 18 274 Jefferson's Works getting our real ship papers, and our consuls in the ports of France must be enabled to detect forged papers; and we must moreover convince this governzne nt that we use our utmost endeavors, and with good faith, to prevent the entry of English oils under the license given to us. I would advise our shippers of oil always to get the certificate of the French consul in their State, if it be practicable , because those will admit of the least doubt here. When this cannot be had, they may have recourse to the magistrates of the country, and in this case there should be a certificatc under the seal of the State, that the magistratc who has certified their oil to be the produce of the American fishery, is a magistrate duly appointed and qualified by law, and that his signature is genuine. I presume it is the usage in all the States for thc Governors signature to accompany the great seal. Oczakow is at length taken. The Russians say they gave the assault with fourteen thousand men, against twelve thousand within the wvalls, that seven thousand of these suffered themselves to be cut to pieces before they surrendere d, and that themselves lost three thousand. The only circumstan ce to be believed in all this, is that Oczakow is taken. Everything else in Europe is quiet, except the internal affairs of Poland. The Prussian party there gains greater superiority daily. The King of Prussia, however, will feel less bold on tlhe probability that England will remain inactive in all things external. This secures to this coumzy Correspond ence 275 leisure for their internal improveme nts. These go on well. The report of Mr. Neckar to the King, which has been published, renews the rerlunciati on of the power of laying a new tax or continuing an old one without consent of the States General; admits they are to appropriat e the public moneys (and of course how much of it the King may spend), that ministers must be responsible , that the King will concur in fixing the periodical meeting of the States, that he will be ready to consider with them what modificatio ns, lettres de cachet should be put under, and of the decree of liberty which may be giv en to the press; and further, that all this shall be fixed by a convention so solemn as that his successor shall not be free to infringe it; that is to say, that he will concur in a declaration of rights. Nothing is said, however, of the States sharing in the legislation, but they will surely be passed. They have given to the Tiers Etat a representa tion in the States equal to both the other orders, and it is probable they will form but one house and vote by persons; but that is not decided. Be so good as to present me affectionat ely to Mrs. Adams, and to be assured yourself, of the sincere esteem of, dear Sir, your friend and servant. TO MADAME NECIK":R. PARIS, January 24, 1789. I have received, Madam, with a great deal of sensibility, the letter of the 22d instant, with which you 276 Jefferson's Works were pleased to honor me, on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congzress, consisting of many persons, can only speak by the organ of their records. If they have any engagemen ts, they are to be found there. If not found there, they can never have existed. I procecded to this examination , with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, everthing I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Ilein's case. Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask coznmand), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commission s to command them. I suppose that Messrs. Klein, Fearer and Kleinsmit (named in the resolution of Congress of 1788, and whom, frozn their names, I conjecture to be Gcrmans), offered to enlist Correspond ence 277 a body of men from among the German prisoners taken with General IBurgoyne at Saratoga, on condition that Fearer and kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-fou r men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779 (and not in July, 1780, as Monsieur Klein says), by informing him they had no farther use for his services, and giving him a year's pay and subsistenc e to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistenc e for the ten months he was trying to enlist men, and the donation of a year's pay and subsistenc e; and it is not probable he would wait three years and a half to receive these. I suppose he has staid in hopes of finding some other opening for employment . If these articles of pay and subsistenc e have not been paid to him, he has the certificates of the pavmaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and, in that case, i will undertake to represent his claim to oux governmen t, and will answer for their justice. 278 Jefferson's Works It would be easy to correct several inaccuracie s in the letter of Monsieur Klein, such as that Congress engaged to give him a regiment; that he paid the recruiting money out of his own pocket; that his soldiers had nothing but bread and water; that Congrcss haci promised hizn they would pay his soldiers in specic, etc.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein's object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances, are the only ground he has whereon to raise a claim to reception. He has, therefore, tried to make the most of them. Few think there is any immorality in scandalizin g governmen ts or ministers; and M. Klein's distresses render this resource more innocent in him than it is in most others. Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your known goodness and benevolenc e. On the contrary, the weaker his claim elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratifica 279 Correspond ence tion, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due for all the good you have donef, and all you are perpetually endeavorin g to do. Accept then, Madam, I pray you, this homage from one whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect with which he has the honor to be, Madam, your most obedient, and most humble servant. TO JOHN JAY. PARIS, February 4, 1789. SIR,-Your favor of November the 25th, by Gouverneu r Morris, is duly received. I must beg you to take the trouble of decipherin g yourself what follows, and to communicat e it to nobody but the President, at least for the present. We had before understood , through different channels, that the conduct of Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de La Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represente d through the same medium to the Count de Montmorin, that recent information proved to us, that 280 Jefferson's Works his minister's conduct had rendered him personally odious in America, and might even influence the disposition s of the two nations; that his recall was bencome a matter of mutual concern; that we had understood he was instructed to remind the new governmen t of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that that is could not increase their desire of hastening payment, and might wound their affections; that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature; nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business; that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further considerati on. They were these: that there was a loose expression in one of de Moustier's letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de La Luzerne, that Otto should go to him to London; Correspond ence 281 that they would send a person to America as chargé des affaires in place of Otto, and that if the President (General Washington ) approved of him, he should be aftezrward s made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to. consult me whether he would be agreeable. At first I hesitated, recollectin g to have heard Ternant represente d in America as an hypochond riac, discontente d man, and paused for a moment between him and Barthelezn y, at London, of whom I have heard a great deal of good. However, I cnncluded it safer to take nne whom we knew, and who knew us. The Marquis was deciderlly of this opinion. Ternant will see that his prcdecesso r is recallerl for unconciliat ory deportment , and that he will owe his own promotion to the approbatio n of the President. He established a solid reputation in Europe, by his conduct when Generalissi mo of one of the United Provinces, during their late disturbanc es; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upozn the whole, I believe you may expect that the Count de Moustier will have an iznmediate leave of absence, which will soon after become a recall in effect. I will try, also, to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter within a few days. I have now that of assuring you of the sentiment of sincere esteem and respect, with 282 Jefferson's Works which I am, dear Sir, your most obedient, and most humble servant. TO WILLIAM SHORT. PARIs, February 9, 1789. DEAR SIR,-I wrote you last on the 22d of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new Constitutio n were going on well. Federal senators are: New Hampshire, President Langdon and Bartlett. Massachuse tts, Strong and Dalton. Connecticu t, Dr. Johnson and Ellsworth. New Jersey, Patterson ancd Ellmer. Pennsylvan ia, Robert Morris and M'Clay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll of Carrollton, and John Henry. All of these are federalists except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representa tives. General Washington will be President, and probably Mr. Adams Vice-Presid ent. So that the Constitutio n will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York to have another convention to make amendment s, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendment s to the Assemblies, as even 283 Correspond ence the friends of the Constitutio n are willing to make amendment s; some from a conviction they are necessary, others, from a spirit of conciliation . The addition of a bill of rights, will, probably, be the most essential change. A vast majority of antifederali sts have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modelled the districts for representa tives, as to tack Orange to counties where he himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, ancl not the Senate. Henry pronounce d a philippic against Madison in open Assembly, Madison being then at Philadelphi a. Mifflin is President of Pennsylvan ia, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure). Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, etc. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington . Mayo's bridge, at Richmond, was completed, and carried away in a few weeks. Wfhile up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, 284 Jefferson's Works a vast tract of land on the westerf side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan's grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneu r Morris has just arrived here; deputed, as is supposed, to settle Robert Morris' affairs, which cont.inue still deranged. Doctor Franklin was well when he left America, which was about the middle of December. * * * * * * * * * I send Mr. Rutledge two letters bv this post. Be so good as to present him my esteem, and to be assured yourself of the sincere esteem and attachment with which I am, and shall ever be, dear Sir, your affectionat e friend and servant. TO M. DE VILLEDEUI L. PARlS, February 10, 1789. SIR,-I take the liberty of troubling your Excellency with the following case, which I understand to be within your department . Mr. Jay, Secretary for Foreign Affairs to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that char Correspond ence 285 acter. He has delivered them safely; but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L'Orient during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptc y, and he returned to America, without the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay's demand for a courier, to come under t.he safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling and arranging with them. He thinks a twelvemont h will be necessary for this. Understan ding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissibl e, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupation s in which you are engaged will admit, in order that he may know wvhether he may sec his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness 286 Jefferson's Works with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those sentiments of attachment and respect, with which I have the honor to be, your Excellency' s most obedient, and most humble servant. TO MR. WILLIAM SHORT. PARlS, February 28, 1789. DEAR SIR,-I wrote you last on the 9th instant. Yours of the 11th, came to hand yesterday evening. Some of its enquiries will have already been answered to you. We have no information from America down to the middle of January. Things were going on so well that our letters afford nothing interesting scarcely. The opposition to the new Constitutio n grows feebler. Everywher e the elections are federal. In New York they had not yet been able to agree in the choice of senators, nor even in the manner of choosing. The new governmen t begins on Wednesday next. Its friends consent to some changes, and particularl y to the annexation of a declaration of rights. This will probably be proposed by Congress to the several assemblies, and thus a new convention be avoided. The Virginia Assembly met October 23 They choose for their speaker, Thomas Mathews, (who is this?). They are furiously antifederal. They have passed a bill rendering every Correspond ence 287 person holding any federal office incapable of holding at the same time any State office. This is a declaration of war against the new Constitutio n. Mr. Adams is generally expected to be the Vice-Presid ent. Hancock is his only competitor. Others are sometimes talked of, but not with their own consent. I see in a Virginia paper of last summer, that George Nicholas advertised his departure to settle in Kentiucky this present month of February. Great numbers of American vessels are now arriving in the ports of France with flnur and wheat, in consequenc e of the demand of this country and of the bounty it gives. I have received a letter from Ladian, dated Grand Cairo, September 10. He was just then about to plunge into the terrce incognice of Africa. This morning, I receivecl one from Admiral Paul Jones, dated St. Petersburg , January 30, he was just arrived there at the desire of the Empress. He has commanded hitherto on the Black Sea, but does not know whether the Empress destines him to return there or to take any other command. There has been an affray in Brittany between the Noblesse and people, in which some few were killed. Things there are now quiet, and all the rest of the kingdom is going on well towards its object. In some places, as in Burgundy and Franche-co mpte, there is an opposition by the Noblesse indeed against the manifest sense of the nation, but I do not apprehend any serious evil from it. The States General are likely to meet under happy auspices. It would 288 Jefferson's Works seem that the governmen t thinks they will ena well, because I observe in their communicat ions with certain unfriendly courts they assume a tone which had been laid. aside for some time. Their effects stand well. The King of England seems to be in a state of convalesce nce. The symptoms of a return of reason are such that on the 19th instant the House of Lords put off the reading of the Regency bill, and it is even thought there will be no regency, nor any change of ministry. There az-e not yet sufficient data to ground a judgment whether there will be peace or not between the Turks and the two empires, nor what part Russia will take in the affairs of Poland. The preparatio ns of Sweden and Denmark so far announce a continuatio n of the war. You have heard, doubtless, of the revolution which took place in Geneva about the last of January. It was the work of three or four rlays only, and with little bloodshed their ancicnt constitutio n is almost completely re-establis hed. Their exiles are to be recalled, the foreign garrison sent off, the Bourgaris guard the city, and the nomination of the Syndics is restored to the council of two hundred. I see no reason to doubt the permanenc e of this reformation . Here all your acquaintan ces are wvell. I continue to keep my house and on such terms as wwill induce me to keep it as long as I remain in Europe. I fear my departure in the spring may be retarded, as Gouverneu r Morris tells me there would be no probability 289 Correspond ence that the old Congress would re-assembl e. In this case I cannot receive my leave of absence from the new governmen t. I have proposed to them the naming you Chargé des A ffaires to take care of theiz' business during my absence. You know that we mttst not be too sanguine on these occasions. * * * * * * * * * TO DR. BANCROFT. PARIS, March 2, 1789. DEAR SIR,-I have just received a letter of January 31st from Admiral Patzl Jones, at Petersburg , in which, charging me with the execution of some commission s, and these requiring money, he tells me you will answwer my drafts to the amount of four or five thousand livres, on his account. Be so good as to inform me whether you will pay such drafts. A Monsieur Foulloy, wvho has been connected with Deane, ately offered me for sale two volumes of Deane's letter books and account books, that he had taken instead of money, which Deane owed him. I have purchased them on public account. He tells me Deane has still six or eight volumes more, and being to return socin to London, he will try to get them also, in order to make: us pay high for them. You are sensible of the improriety of letting such books get into hands which might make an unfriendly use of them. You are sensible of the immorality of an ex-minister 's selling his secrets for VOL. VII-19 290 Jefferson's Works money; and consequent ly that there can be no immorality in tempting him with money to part with them; so that they may be restored to that governmen t to whom they properly belong. Your former aciluaintan ce with Deane may, perhaps, put it in your power to render our country the service of recovering those books. It would not do to prcpose it to him as for Congress. What other way would best bring it about, you know best. I suppose his distresses anci his crapulous habits, will not render h.im dificult on this head. On the supposition that there are six or eight volumes, I think you might venture as far as fifty guineas, and proportion ably for fewer. I will answer your draft to this amount and purpose., or you may retain it out of any moneys you may propose to pay me for Admiral Jones. There is no time to lose in this negotiation , as, should Foulloy arrive there before it is closed, he wvill spoil the bargain. If you should be able to recover these books, I would ask the favor of you to send them to me by the Diligence, that I may carry them back with me to America. I make no apology for giving you this trouble. It is for our common country, and common interest. I am, with sincere and great esteem and attachment, dear Sir, your most obedient humble servant. 291 Correspond ence TO MR. SHIPPEN. PARISs, March 11, 1789. DEaR SIR,-I had wished to acknowledg e the receipt of your favors of January the 19th, and February the 3d, by a private conveyance , but none such having occurred, nor being likely to occur, I must write you such a letter as may go through the inspection of both post offices. The affairs of this country are sti.ll going on well. There are loud contestatio ns indeed in one or two of the provinces, and in Brittany these have come to blows, and some three or four or five people have been killed. Still the opposition to the revolution which is working has been miraculousl y small, and he who would predict of its failure from the little obstacles which have happened, would be about as good a prophet as he who, from the loss of two or three skirmishes on our part, would have foretold our final failure in the American revolution. All the world here is occupied in electioneeri ng, in choosing or being chosen; and, as far as Paris may be considered as affording a specimen of the public mind, we may say it is almost thoroughly ripe for a just decision of the great question of voting by orders or by persons. The difficulties which now appear threatenin g to my mind, are those which will result from the size of the Assembly. Twelve hundred persons of any rank and of any nation assembled together, would with diffficulty be prevented from 292 Jefferson's Works tumult and confusion. But when they are to compose an assembly for which no rules of debate or proceeding have been yet formed, in whom no habits of or der have been y et established , and to consist moreover of Frenchmen, among whom there are alway's more speakers than listeners, I confess to you I apprehend some danger. However, I still hope that the goodness of the body, and the coolness and collectedness of some of their leaders, will keep them in the right way, and that this great Assembly will end happily. The war in the north will, I think, continue, and perhaps spread as far as Prussia. The present and probable situation of the Executive in England, will, I presume, prevent their engaging otherwise than by giving money. If so, this country will certainly not engage herself the present year, and after the present year, if her States General pass over well, she will be in a condition to do what she pleases. I have lately received a letter from Admiral Paul Jones, dated at Petersburg , about the last of January. He was just arrived there on the call of the Empress, and uninformed where he was to act the ensuing campaign. We have no news from America later than the 10th of January, when things were going on well. I find that the friends of the new Constituti.o n are generally disposed to make such changes as may be requisite to guard liberty. Thi.s will probably reconcile the bulk of the opposition. Nothing would be more agreeable to me than Correspond ence 293 your company on our voyage to Virginia, and I am sorry I am unable to give such an idea of the epoch of it, as might enable you to decide whether it suited yuu. Gouverneu r Morris, who is here, informs me that not only there was no Congress when he came away, but that none was expected till the new governmen t. My l.etters asking leave of absence were not then arrived, and consequent ly I cannot have that leave but from the new govcrnmen t, nor expect that even they will take it up amung their first subjects. This renders the time of my receiving permission uncertain, and should it be so late as that I cannot go, do my business there, and return in the fall, I shall prefer postponing my departure hence to the fall, so that I may return in the spring, being quite decided against a winter passage. You see, therefore, my dear Sir, the impossibilit y of my fixing the epoch of my departure. Pray continue to me during your stay your interesting political information , and accept assurances of the esteem and respect wvith which I am, dear Sir, your most obedient humble servant. TO JOHN JAY. PARls, March 12, 1789· SIR,-I had the honor of addressing you on the 1st instant, through the post. I write the present, uncertain whether Mr. Nesbitt, the bearer of your last, will be the bearer of this, or whether it may not 294 Jefferson's Works have to wait some other private occasion. They have re-establi