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diff --git a/old/52878-0.txt b/old/52878-0.txt deleted file mode 100644 index 577b6de..0000000 --- a/old/52878-0.txt +++ /dev/null @@ -1,21986 +0,0 @@ -The Project Gutenberg EBook of The Writings of Thomas Jefferson, Volume -III (of 9), by Thomas Jefferson - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - -Title: The Writings of Thomas Jefferson, Volume III (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private - -Author: Thomas Jefferson - -Editor: H. A. Washington - -Release Date: August 22, 2016 [EBook #52878] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF THOMAS JEFFERSON *** - - - - -Produced by David Edwards, Melissa McDaniel and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - -Transcriber's Note: - - Inconsistent hyphenation and spelling in the original document have - been preserved. Obvious typographical errors have been corrected. - - Italic text is denoted by _underscores_ and bold text by =equal - signs=. - - Inconsistent or incorrect accents and spelling in passages in French and - Latin have been left unchanged. - - On pages 9 and 272, 'Ocrakow' and 'Oczakow' may refer to the same place. - - On page 15, 'Clavigaro' should possibly be 'Clavigero'. - - On page 35, 'worthy good attention' should possibly be 'worthy of good - attention'. - - On page 237, 'Galerie du Louire' should possibly be 'Galerie du Louvre'. - - On page 246, 'Constant murders comitting by the Indians' should possibly - be 'Constant murders committed by the Indians'. - - On page 335, 'take up the clause' should possibly be 'take up the cause'. - - On page 347, inconsistent punctuation in the list of questions has been - left unchanged. - - On page 505, 'Mazzie' should possibly be 'Mazzei'. - - On page 530, 'settled and staple' should possibly be 'settled and stable'. - - On page 579, 'effected our wheat' should possibly be 'affected our wheat'. - - In the Index entry 'Existing treaties with France', there is a reference - to a (non-existent) page 651. - - - - - THE - WRITINGS - OF - THOMAS JEFFERSON: - - BEING HIS - AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES, - ADDRESSES, AND OTHER WRITINGS, OFFICIAL - AND PRIVATE. - - PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE - LIBRARY, - FROM THE ORIGINAL MANUSCRIPTS, - DEPOSITED IN THE DEPARTMENT OF STATE. - - WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX - TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE, - - BY THE EDITOR - H. A. WASHINGTON. - - - VOL. III. - - - NEW YORK: - H. W. DERBY, 625 BROADWAY. - 1861. - - - - - Entered, according to Act of Congress, in the year 1853, by - TAYLOR & MAURY, - In the Clerk's Office of the District Court for the District of - Columbia. - - - STEREOTYPED BY - THOMAS B. SMITH, - 82 & 84 Beekman Street. - - - - -CONTENTS TO VOL. III. - - BOOK II. - - Part II.--Continued.--Letters written while in Europe--(1784--1790,)--3. - - Part III.--Letters written after his return to the United States down - to the time of his death.--(1790--1826,)--124. - - Adams, John, letters written to, 270, 291. - - Arnold, Monsieur L'Abbé, letter written to, 81. - - Attorney General, letter written to, 308. - - Attorney for the District of Kentucky, letter written to, 256. - - Attorneys for United States, letter written to, 183. - - Auville, La Duchesse d', letter written to, 134. - - - Banneker, Benjamin, letter written to, 291. - - Barclay, Thomas, letters written to, 261, 440. - - Barlow, Mr., letter written to, 451. - - Bondfield, Mr., letter written to, 194. - - Boudinot, Monsieur, letter written to, 160. - - - Carmichael, William, letters written to, 21, 88, 137, 172, 221, - 244, 282, 340, 349. - - Carmichael & Short, letters written to, 471, 480, 534, 565. - - Carr, Peter, letter written to, 452. - - Carroll, Mr., letter written to, 508. - - Carroll, C., of Carrollton, letter written to, 246. - - Clay, Charles, Brevet, letters written to, 125. - - Clay, Mr., letter written to, 469. - - Consuls, American, letter written to, 429. - - Corny, Madame de, letter written to, 132. - - Crevecoeur, Monsieur de, letter written to, 43. - - - David, Colonel, letter written to, 531. - - Dumas, Monsieur, letters written to, 155, 166, 259, 535. - - - Ellicott, Mr., letter written to, 301. - - Enfant, Major L', letters written to, 221, 236. - - - Forest, Monsieur La, letter written to, 193. - - France, United Netherlands, and Great Britain, Ministers of, - letter written to, 508. - - Freneau, Philip, letter written to, 215. - - - Gallatin, Mr., letter written to, 505. - - Gates, Major General, letter written to, 520. - - Gem, Dr., letters written to, 108, 167. - - Genet, Monsieur, letters written to, 571, 585, 586. - - Georgia, Governor of, letter written to, 454. - - Gilmer, Dr., letters written to, 159, 494. - - Grand, Mr., letter written to, 139. - - - Hamilton, Alexander, letters written to, 207, 330, 535, 546, 554. - - Hammond, Mr., letters written to, 296, 330, 335, 345, 365, 514, - 538, 557, 573, 590. - - Hancock, Governor, letters written to, 185, 214. - - Harvie, Colonel, letter written to, 281. - - Hazard, Mr., letter written to, 211. - - Hellstedt, Charles, letter written to, 210. - - Houdetot, La Comtesse d', letter written to, 433. - - Humphreys, Colonel David, letters written to, 10, 180, 269, 306, - 456, 487, 490, 528, 533. - - Hunter, William, letter written to, 127. - - - Innis, Colonel, letters written to, 217, 224. - - - Jay, John, letters written to, 25, 36, 59, 72, 85, 86, 91, 112, - 121, 127, 131. - - Jaudenes & Viar, letters written to, 328, 343, 358, 455, 478. - - Johnson, Joshua, letters written to, 176, 204, 206. - - Johnson, Stuart, and Carroll, letters written to, 286, 300, 336, - 507. - - Jones, John Coffin, letter written to, 154. - - Jones, Paul, letters written to, 293, 431. - - Joy, George, letter written to, 129. - - - Kinloch, Frederick, letter written to, 196. - - Knox, General, letter written to, 280. - - - La Fayette, M. de, letters written to, 20, 45, 48, 66, 68, 69, - 450. - - Lee, Governor, letter written to, 456. - - Leslie, Mr., letter written to, 156. - - Lewis, Colonel, letters written to, 163, 232, 348. - - Littlepage, Mr., letter written to, 23. - - Luzerne, Marquis de La, letter written to, 140. - - - Madison, James, letters written to, 3, 33, 82, 96, 102, 196, 434, - 519, 537, 556, 562, 568, 577, 591. - - Marseilles, Mayor of, letter written to, 486. - - Martin, Governor, letter written to, 229. - - Mason, Mr., letter written to, 72. - - Mason, Colonel George, letters written to, 147, 209. - - McAlister, Mr., letter written to, 313. - - Mercer, Mr., letter written to, 495. - - Monroe, James, letters written to, 152, 167, 548. - - Montmorin, Count de, letters written to, 67, 137, 199, 216, 327. - - Morris, Gouverneur, letters written to, 182, 197, 203, 272, 290, - 324, 338, 355, 448, 476, 488, 521, 524, 580. - - Morris, Pinckney & Short, circular written to, 543. - - Motte, Monsieur La, letter written to, 288. - - - Neckar, Mr., letters written to, 67, 119. - - Newton, T., letter written to, 295. - - - Paine, Thomas, letters written to, 7, 39, 69, 278. - - Paleske, Mr., letter written to, 457. - - Pinckney, Colonel, letter written to, 344. - - Pinckney, C. C., letter written to, 471. - - Pinckney, Major Thomas, letters written to, 298, 321, 346, 441, - 445, 446, 473, 493, 499, 525, 541, 550, 582. - - Pinto, Monsieur de, letters written to, 174, 215. - - Pontière, Monsieur de, letter written to, 37. - - President, letters written to the, 124, 126. - - President of the National Assembly of France, letter written to, - 218. - - Price, Dr., letter written to, 41. - - - Quesada, Governor, letter written to, 219. - - - Randolph, Edward, letter written to, 470. - - Randolph, Mrs., letter written to, 506. - - Randolph, Mr., letters written to, 128, 143, 184, 504, 570. - - Randolph, E., letter written to, 552. - - Representatives, Speaker of the House of, letter written to, 515. - - Rittenhouse, David, letters written to, 148, 150, 161. - - Rochefoucault, Duke de La, letter written to, 136. - - Rutherford, Mr., letter written to, 496. - - Rutledge, E., letters written to, 109, 164, 284. - - - Sarsfield, J., letter written to, 17. - - Shaw, Samuel, Consul at Canton, in China, letter written to, 530. - - Short, William, letters written to, 142, 146, 162, 168, 177, 188, - 207, 223, 225, 227, 252, 273, 287, 302, 319, 323, 328, 340, 341, - 342, 349, 501. - - Sinclair, Sir John, letter written to, 283. - - Smith, Daniel, letter written to, 307. - - St. Etienne, Monsieur de, letter written to, 45. - - Stuart, Mr., letter written to, 313. - - Stuart, Archibald, letter written to, 459. - - - Ternant, Monsieur de, letters written to, 294, 458, 477, 491, 515, - 516, 518, 544, 547, 560. - - - Van Berckel, letters written to, 453, 543, 565. - - Vaughan, Benjamin, letters written to, 38, 157. - - Viar, Mr., letter written to, 195. - - Virginia, Governor of, letter written to, 564. - - - Wadsworth, Hon. Jeremiah, letter written to, 259. - - War, Secretary of, letter written to the, 192. - - Washington, George, letters written to, 29, 196, 230, 233, 237, - 247, 250, 254, 257, 280, 297, 299, 315, 319, 331, 334, 348, 356, - 358, 359, 459, 471, 479, 482, 575. - - Washington City, Commissioners of, letter written to the, 346. - - Webster, Noah, letter written to, 200. - - Willard, Dr., letters written to, 14, 130. - - Wistar, Dr., letter written to, 228. - - - * Address lost, 527. - - - - -PART II.--Continued. - -LETTERS WRITTEN WHILE IN EUROPE. - -1784-1790. - - -TO JAMES MADISON. - - Paris, March 15, 1789. - -Dear Sir,--I wrote you last on the 12th of January; since which I have -received yours of October the 17th, December the 8th and 12th. That of -October the 17th, came to hand only February the 23d. How it happened to -be four months on the way, I cannot tell, as I never knew by what hand -it came. Looking over my letter of January the 12th, I remark an error -of the word "probable" instead of "improbable," which doubtless, however, -you had been able to correct. - -Your thoughts on the subject of the declaration of rights, in the letter -of October the 17th, I have weighed with great satisfaction. Some of them -had not occurred to me before, but were acknowledged just in the moment -they were presented to my mind. In the arguments in favor of a declaration -of rights, you omit one which has great weight with me; the legal check -which it puts into the hands of the judiciary. This is a body, which, if -rendered independent and kept strictly to their own department, merits -great confidence for their learning and integrity. In fact, what degree -of confidence would be too much, for a body composed of such men as -Wythe, Blair and Pendleton? On characters like these, the "_civium ardor -prava jubentium_" would make no impression. I am happy to find that, on -the whole, you are a friend to this amendment. The declaration of rights -is, like all other human blessings, alloyed with some inconveniences, -and not accomplishing fully its object. But the good in this instance, -vastly overweighs the evil. I cannot refrain from making short answers -to the objections which your letter states to have been raised. 1. That -the rights in question are reserved, by the manner in which the federal -powers are granted. Answer. A constitutive act may, certainly, be so -formed, as to need no declaration of rights. The act itself has the -force of a declaration, as far as it goes; and if it goes to all material -points, nothing more is wanting. In the draught of a constitution which -I had once a thought of proposing in Virginia, and printed afterwards, I -endeavored to reach all the great objects of public liberty, and did not -mean to add a declaration of rights. Probably the object was imperfectly -executed; but the deficiencies would have been supplied by others, in the -course of discussion. But in a constitutive act which leaves some precious -articles unnoticed, and raises implications against others, a declaration -of rights becomes necessary, by way of supplement. This is the case of -our new federal Constitution. This instrument forms us into one State, -as to certain objects, and gives us a legislative and executive body for -these objects. It should, therefore, guard us against their abuses of -power, within the field submitted to them. 2. A positive declaration of -some essential rights could not be obtained in the requisite latitude. -Answer. Half a loaf is better than no bread. If we cannot secure all our -rights, let us secure what we can. 3. The limited powers of the federal -government, and jealousy of the subordinate governments, afford a security -which exists in no other instance. Answer. The first member of this seems -resolvable into the first objection before stated. The jealousy of the -subordinate governments is a precious reliance. But observe that those -governments are only agents. They must have principles furnished them, -whereon to found their opposition. The declaration of rights will be -the text, whereby they will try all the acts of the federal government. -In this view, it is necessary to the federal government also; as by the -same text, they may try the opposition of the subordinate governments. -4. Experience proves the inefficacy of a bill of rights. True. But -though it is not absolutely efficacious under all circumstances, it is -of great potency always, and rarely inefficacious. A brace the more will -often keep up the building which would have fallen, with that brace the -less. There is a remarkable difference between the characters of the -inconveniences which attend a declaration of rights, and those which -attend the want of it. The inconveniences of the declaration are, that -it may cramp government in its useful exertions. But the evil of this -is short-lived, moderate and reparable. The inconveniences of the want -of a declaration are permanent, afflicting and irreparable. They are in -constant progression from bad to worse. The executive, in our governments, -is not the sole, it is scarcely the principal object of my jealousy. The -tyranny of the legislatures is the most formidable dread at present, and -will be for many years. That of the executive will come in its turn; but -it will be at a remote period. I know there are some among us, who would -now establish a monarchy. But they are inconsiderable in number and weight -of character. The rising race are all republicans. We were educated in -royalism; no wonder, if some of us retain that idolatry still. Our young -people are educated in republicanism; an apostasy from that to royalism, -is unprecedented and impossible. I am much pleased with the prospect -that a declaration of rights will be added; and I hope it will be done in -that way, which will not endanger the whole frame of government, or any -essential part of it. - -I have hitherto avoided public news in my letters to you, because your -situation insured you a communication of my letters to Mr. Jay. This -circumstance being changed, I shall, in future, indulge myself in these -details to you. There had been some slight hopes, that an accommodation -might be effected between the Turks and two empires; but these hopes do -not strengthen, and the season is approaching which will put an end to -them, for another campaign, at least. The accident to the King of England -has had great influence on the affairs of Europe. His mediation, joined -with that of Prussia, would certainly have kept Denmark quiet, and so -have left the two empires in the hands of the Turks and Swedes. But the -inactivity to which England is reduced, leaves Denmark more free, and -she will probably go on in opposition to Sweden. The King of Prussia, -too, had advanced so far, that he can scarcely retire. This is rendered -the more difficult, by the troubles he has excited in Poland. He cannot -well abandon the party he had brought forward there; so that it is very -possible he may be engaged in the ensuing campaign. France will be quiet -this year, because this year, at least, is necessary for settling her -future constitution. The States will meet the 27th of April; and the -public mind will, I think, by that time, be ripe for a just decision of -the question, whether they shall vote by orders or persons. I think there -is a majority of the Nobles already for the latter. If so, their affairs -cannot but go on well. Besides settling for themselves a tolerably free -constitution, perhaps as free a one as the nation is as yet prepared -to bear, they will fund their public debts. This will give them such a -credit, as will enable them to borrow any money they may want, and of -course, to take the field again, when they think proper. And I believe -they mean to take the field, as soon as they can. The pride of every -individual in the nation, suffers under the ignominies they have lately -been exposed to, and I think the States General will give money for a war, -to wipe off the reproach. There have arisen new bickerings between this -court and that of the Hague; and the papers which have passed, show the -most bitter acrimony rankling at the heart of this ministry. They have -recalled their ambassador from the Hague, without appointing a successor. -They have given a note to the Diet of Poland, which shows a disapprobation -of their measures. The insanity of the King of England has been fortunate -for them, as it gives them time to put their house in order. The English -papers tell you the King is well; and even the English ministry say so. -They will naturally set the best foot foremost; and they guard his person -so well, that it is difficult for the public to contradict them. The King -is probably better, but not well, by a great deal. 1. He has been bled, -and judicious physicians say, that in his exhausted state, nothing could -have induced a recurrence to bleeding, but symptoms of relapse. 2. The -Prince of Wales tells the Irish deputation, he will give them a definitive -answer in some days; but if the King had been well, he could have given -it at once. 3. They talk of passing a standing law, for providing a -regency in similar cases. They apprehend then, they are not yet clear of -the danger of wanting a regency. 4. They have carried the King to church; -but it was his private chapel. If he be well, why do not they show him -publicly to the nation, and raise them from that consternation into which -they have been thrown, by the prospect of being delivered over to the -profligate hands of the Prince of Wales. In short, judging from little -facts, which are known in spite of their teeth, the King is better, but -not well. Possibly he is getting well, but still, time will be wanting -to satisfy even the ministry, that it is not merely a lucid interval. -Consequently, they cannot interrupt France this year in the settlement of -her affairs, and after this year it will be too late. - -As you will be in a situation to know when the leave of absence will be -granted me, which I have asked, will you be so good as to communicate it, -by a line, to Mr. Lewis and Mr. Eppes? I hope to see you in the summer, -and that if you are not otherwise engaged, you will encamp with me at -Monticello for awhile. - -I am, with great and sincere attachment, dear Sir, your affectionate -friend and servant. - - -TO THOMAS PAINE. - - Paris, March 17, 1789. - -Dear Sir,--My last letter to you extended from December the 23d to January -the 11th. A confidential opportunity now arising, I can acknowledge the -receipt of yours of January the 15th, at the date of which you could not -have received mine. - -You knew, long ago, that the meeting of the States is to be at Versailles -on the 27th of April. This country is entirely occupied in its elections, -which go on quietly and well. The Duke d'Orleans is elected for Villers -Cotterels. The Prince of Condé has lost the election he aimed at; nor is -it certain he can be elected anywhere. We have no news from Auvergne, -whither the Marquis de La Fayette is gone. In general, all the men of -influence in the country are gone into the several provinces to get their -friends elected, or be elected themselves. Since my letter to you, a -tumult arose in Bretagne, in which four or five lives were lost. They are -now quieter, and this is the only instance of a life lost, as yet, in this -revolution. The public mind is now so far ripened by time and discussion, -that there seems to be but one opinion on the principal points. The -question of voting by persons of orders is the most controverted; but even -that seems to have gained already a majority among the Nobles. I fear more -from the number of the Assembly, than from any other cause. Twelve hundred -persons are difficult to keep to order, and will be so, especially, till -they shall have had time to frame rules of order. Their funds continue -stationary, and at the level they have stood at for some years past. We -hear so little of the parliaments for some time past, that one is hardly -sensible of their existence. This unimportance is probably the forerunner -of their total re-modification by the nation. The article of legislation, -is the only interesting one on which the court has not explicitly declared -itself to the nation. The Duke d'Orleans has given instructions to his -proxies in the baillages, which would be deemed bold in England, and are -reasonable beyond the reach of an Englishman, who, slumbering under a kind -of half reformation in politics and religion, is not excited by anything -he sees or feels, to question the remains of prejudice. The writers of -this country, now taking the field freely and unrestrained, or rather -involved by prejudice, will rouse us all from the errors in which we have -been hitherto rocked. - -We had, at one time, some hope that an accommodation would have been -effected between the Turks and two empires. Probably the taking Oczakow, -while it has attached the Empress more to the Crimea, is not important -enough to the Turks, to make them consent to peace. These hopes are -vanishing. Nor does there seem any prospect of peace between Russia and -Sweden. The palsied condition of England leaves it probable that Denmark -will pursue its hostilities against Sweden. It does not seem certain -whether the King of Prussia has advanced so far in that mediation, and in -the troubles he has excited in Poland, as to be obliged to become a party. -Nor will his becoming a party draw in this country, the present year, if -England remains quiet. Papers which lately passed between this court and -the government of Holland, prove that this nourishes its discontent, and -only waits to put its house in order, before it interposes. They have -recalled their ambassador from the Hague, without naming a successor. The -King of Sweden, not thinking that Russia and Denmark are enough for him, -has arrested a number of his Nobles, of principal rank and influence. It -is a bold measure, at least, and he is too boyish a character to authorize -us to presume it a wise one, merely because he has adopted it. His army -was before disgusted. He now puts the Nobles and all their dependents on -the same side, and they are sure of armed support, by Russia on the north, -and Denmark on the south. He can have no salvation but in the King of -Prussia. - -I have received two letters from Ledyard, the one dated Alexandria, August -the 15th, the other Grand Cairo, September the 10th; and one lately from -Admiral Paul Jones, dated St. Petersburg, January the 31st. He was just -arrived there, on the call of the Empress, and was uncertain where he -should be employed the next campaign. Mr. Littlepage has returned from the -Black Sea to Warsaw, where he has been perfectly received by the King. I -saw this from under the King's own hand, and was pleased with the parental -expressions towards him. - -We have no news from America later than the middle of January. My letters -inform me that even the friends of the new Constitution have come over -to the expediency of adding a declaration of rights. There is reason to -hope that this will be proposed by Congress to the several legislatures, -and that the plan of New York for calling a new convention, will be -rejected. Hitherto no State had acceded to it but Virginia, in which Henry -and anti-federalism had got full possession of their legislature. But -the people are better disposed. My departure for America is likely to be -retarded, by the want of a Congress to give me permission. I must obtain -it from the new government. I am anxious to know how much we ought to -believe of the recovery of the King of England. By putting little facts -together, I see that he is not well. Mr. Rumsey (who came in while I was -writing the preceding page) tells me you have a long letter ready for me. -I shall be happy to receive it. - -I am, with great and sincere attachment, dear Sir, your affectionate -friend and servant. - - -TO COLONEL HUMPHREYS. - - Paris, March 18, 1789. - -Dear Sir,--Your favor of November the 29th, 1788, came to hand the last -month. How it happened that mine of August, 1787, was fourteen months on -its way, is inconceivable. I do not recollect by what conveyance I sent -it. I had concluded, however, either that it had miscarried, or that -you had become indolent, as most of our countrymen are, in matters of -correspondence. - -The change in this country since you left it, is such as you can form -no idea of. The frivolities of conversation have given way entirely to -politics. Men, women and children talk nothing else; and all, you know, -talk a great deal. The press groans with daily productions, which, in -point of boldness, makes an Englishman stare, who hitherto has thought -himself the boldest of men. A complete revolution in this government has, -within the space of two years, (for it began with the Notables of 1787,) -been effected merely by the force of public opinion, aided, indeed, by -the want of money, which the dissipations of the court had brought on. -And this revolution has not cost a single life, unless we charge to it -a little riot lately in Bretagne, which began about the price of bread, -became afterwards political, and ended in the loss of four or five -lives. The assembly of the States General begins the 27th of April. The -representation of the people will be perfect. But they will be alloyed by -an equal number of nobility and clergy. The first great question they will -have to decide will be, whether they shall vote by orders or persons. And -I have hopes that the majority of the Nobles are already disposed to join -the Tiers Etat, in deciding that the vote shall be by persons. This is -the opinion _a la mode_ at present, and mode has acted a wonderful part in -the present instance. All the handsome young women, for example, are for -the Tiers Etat, and this is an army more powerful in France, than the two -hundred thousand men of the King. Add to this, that the court itself is -for the Tiers Etat, as the only agent which can relieve their wants; not -by giving money themselves, (they are squeezed to the last drop,) but by -pressing it from the non-contributing orders. The King stands engaged to -pretend no more to the power of laying, continuing or appropriating taxes; -to call the States General periodically; to submit _lettres de cachet_ -to legal restrictions; to consent to freedom of the press; and that all -this shall be fixed by a fundamental constitution, which shall bind his -successors. He has not offered a participation in the legislature, but -it will surely be insisted on. The public mind is so ripened on all these -subjects, that there seems to be now but one opinion. The clergy, indeed, -think separately, and the old men among the Nobles; but their voice is -suppressed by the general one of the nation. The writings published on -this occasion are, some of them, very valuable; because, unfettered by -the prejudices under which the English labor, they give a full scope to -reason, and strike out truths, as yet unperceived and unacknowledged on -the other side the channel. An Englishman, dosing under a kind of half -reformation, is not excited to think by such gross absurdities as stare a -Frenchman in the face, wherever he looks, whether it be towards the throne -or the altar. In fine, I believe this nation will, in the course of the -present year, have as full a portion of liberty dealt out to them, as the -nation can bear at present, considering how uninformed the mass of their -people is. This circumstance will prevent the immediate establishment -of the trial by jury. The palsied state of the executive in England is a -fortunate circumstance for France, as it will give her time to arrange her -affairs internally. The consolidation and funding their debts, will give -government a credit which will enable them to do what they please. For -the present year, the war will be confined to the two empires and Denmark, -against Turkey and Sweden. It is not yet evident whether Prussia will be -engaged. If the disturbances of Poland break out into overt acts, it will -be a power divided in itself, and so of no weight. Perhaps, by the next -year, England and France may be ready to take the field. It will depend on -the former principally; for the latter, though she may be then able, must -wish a little time to see her new arrangements well under way. The English -papers and English ministry say the King is well. He is better but not -well; no malady requires a longer time to insure against its return, than -insanity. Time alone can distinguish accidental insanity from habitual -lunacy. - -The operations which have taken place in America lately, fill me with -pleasure. In the first place, they realize the confidence I had, that -whenever our affairs go obviously wrong, the good sense of the people will -interpose, and set them to rights. The example of changing a constitution, -by assembling the wise men of the State, instead of assembling armies, -will be worth as much to the world as the former examples we had given -them. The Constitution, too, which was the result of our deliberations, -is unquestionably the wisest ever yet presented to men, and some of the -accommodations of interest which it has adopted, are greatly pleasing -to me, who have before had occasions of seeing how difficult those -interests were to accommodate. A general concurrence of opinion seems -to authorize us to say, it has some defects. I am one of those who -think it a defect, that the important rights, not placed in security -by the frame of the Constitution itself, were not explicitly secured -by a supplementary declaration. There are rights which it is useless to -surrender to the government, and which governments have yet always been -found to invade. These are the rights of thinking, and publishing our -thoughts by speaking or writing; the right of free commerce; the right of -personal freedom. There are instruments for administering the government, -so peculiarly trust-worthy, that we should never leave the legislature -at liberty to change them. The new Constitution has secured these in -the executive and legislative department; but not in the judiciary. It -should have established trials by the people themselves, that is to say, -by jury. There are instruments so dangerous to the rights of the nation, -and which place them so totally at the mercy of their governors, that -those governors, whether legislative or executive, should be restrained -from keeping such instruments on foot, but in well-defined cases. Such -an instrument is a standing army. We are now allowed to say, such a -declaration of rights, as a supplement to the constitution where that is -silent, is wanting, to secure us in these points. The general voice has -legitimated this objection. It has not, however, authorized me to consider -as a real defect, what I thought and still think one, the perpetual -re-eligibility of the President. But three States out of eleven, having -declared against this, we must suppose we are wrong, according to the -fundamental law of every society, the _lex majoris partis_, to which we -are bound to submit. And should the majority change their opinion, and -become sensible that this trait in their Constitution is wrong, I would -wish it to remain uncorrected, as long as we can avail ourselves of the -services of our great leader, whose talents and whose weight of character, -I consider as peculiarly necessary to get the government so under way, as -that it may afterwards be carried on by subordinate characters. - -I must give you sincere thanks, for the details of small news contained in -your letter. You know how precious that kind of information is to a person -absent from his country, and how difficult it is to be procured. I hope, -to receive soon permission to visit America this summer, and to possess -myself anew, by conversation with my countrymen, of their spirit and their -ideas. I know only the Americans of the year 1784. They tell me this is -to be much a stranger to those of 1789. This renewal of acquaintance is no -indifferent matter to one, acting at such a distance, as that instructions -cannot be received hot and hot. One of my pleasures, too, will be that of -talking over the old and new with you. In the meantime, and at all times, -I have the honor to be, with great and sincere esteem, dear Sir, your -friend and servant. - - -TO DOCTOR WILLARD. - - Paris, March 24, 1789. - -Sir,--I have been lately honored with your letter of September the -24th, 1788, accompanied by a diploma for a Doctorate of Laws, which the -University of Harvard has been pleased to confer on me. Conscious how -little I merit it, I am the more sensible of their goodness and indulgence -to a stranger, who has had no means of serving or making himself known to -them. I beg you to return them my grateful thanks, and to assure them that -this notice from so eminent a seat of science, is very precious to me. - -The most remarkable publications we have had in France, for a year or two -past, are the following: "Les Voyages d'Anacharsis par l'Abbé Barthelemi," -seven volumes, octavo. This is a very elegant digest of whatever is known -of the Greeks; useless, indeed, to him who has read the Original authors, -but very proper for one who reads modern languages only. The works of -the King of Prussia. The Berlin edition is in sixteen volumes, octavo. -It is said to have been gutted at Berlin; and here it has been still -more mangled. There are one or two other editions published abroad, which -pretend to have rectified the maltreatment both of Berlin and Paris. Some -time will be necessary to settle the public mind, as to the best edition. - -Montignot has given us the original Greek, and a French translation of -the seventh book of Ptolemy's great work, under the title of "Etat des -Etoiles fixes au second Siecle," in quarto. He has given the designation -of the same stars by Flamstead and Beyer, and their position in the year -1786. A very remarkable work is the "Mechanique Analytique," of Le Grange, -in quarto. He is allowed to be the greatest mathematician now living, -and his personal worth is equal to his science. The object of his work -is to reduce all the principles of mechanics to the single one of the -equilibrium, and to give a simple formula applicable to them all. The -subject is treated in the algebraic method, without diagrams to assist -the conception. My present occupations not permitting me to read anything -which requires a long and undisturbed attention, I am not able to give you -the character of this work from my own examination. It has been received -with great approbation in Europe. In Italy, the works of Spallanzani on -Digestion and Generation, are valuable. Though, perhaps, too minute, and -therefore tedious, he has developed some useful truths, and his book is -well worth attention; it is in four volumes, octavo. Clavigaro, an Italian -also, who has resided thirty-six years in Mexico, has given us a history -of that country, which certainly merits more respect than any other -work on the same subject. He corrects many errors of Dr. Robertson; and -though sound philosophy will disapprove many of his ideas, we may still -consider it as an useful work, and assuredly the best we possess on the -same subject. It is in four thin volumes, small quarto. De La Lande has -not yet published a fifth volume. - -The chemical dispute about the conversion and reconversion of air and -water, continues still undecided. Arguments and authorities are so -balanced, that we may still safely believe, as our fathers did before us, -that these principles are distinct. A schism of another kind, has taken -place among the chemists. A particular set of them here, have undertaken -to remodel all the terms of the science, and to give to every substance -a new name, the composition, and especially the termination of which, -shall define the relation in which it stands to other substances of the -same family. But the science seems too much in its infancy as yet, for -this reformation; because, in fact, the reformation of this year must be -reformed again the next year, and so on, changing the names of substances -as often as new experiments develop properties in them undiscovered -before. The new nomenclature has, accordingly, been already proved to -need numerous and important reformations. Probably it will not prevail. -It is espoused by the minority only here, and by very few, indeed, of the -foreign chemists. It is particularly rejected in England. - -In the arts, I think two of our countrymen have presented the most -important inventions. Mr. Paine, the author of "Common Sense," has -invented an iron bridge, which promises to be cheaper by a great deal -than stone, and to admit of a much greater arch. He supposes it may be -ventured for an arch of five hundred feet. He has obtained a patent for -it in England, and is now executing the first experiment with an arch of -between ninety and one hundred feet. Mr. Rumsey has also obtained a patent -for his navigation by the force of steam, in England, and is soliciting a -similar one here. His principal merit is in the improvement of the boiler, -and, instead of the complicated machinery of oars and paddles, proposed -by others, the substitution of so simple a thing as the reaction of a -stream of water on his vessel. He is building a sea vessel at this time in -England, and she will be ready for an experiment in May. He has suggested -a great number of mechanical improvements in a variety of branches; and -upon the whole, is the most original and the greatest mechanical genius -I have ever seen. The return of La Peyrouse (whenever that shall happen) -will probably add to our knowledge in Geography, Botany, and Natural -History. What a field have we at our doors to signalize ourselves in! -The Botany of America is far from being exhausted, its Mineralogy is -untouched, and its Natural History or Zoology, totally mistaken and -misrepresented. As far as I have seen, there is not one single species of -terrestrial birds common to Europe and America, and I question if there -be a single species of quadrupeds. (Domestic animals are to be excepted.) -It is for such institutions as that over which you preside so worthily, -Sir, to do justice to our country, its productions and its genius. It is -the work to which the young men, whom you are forming, should lay their -hands. We have spent the prime of our lives in procuring them the precious -blessing of liberty. Let them spend theirs in showing that it is the great -parent of _science_ and of virtue; and that a nation will be great in -both, always in proportion as it is free. Nobody wishes more warmly for -the success of your good exhortations on this subject, than he who has the -honor to be, with sentiments of great esteem and respect, Sir, your most -obedient humble servant. - - -TO J. SARSFIELD. - - Paris, April 3, 1789. - -Sir,--I could not name to you the day of my departure from Paris, because -I do not know it. I have not yet received my congé, though I hope to -receive it soon, and to leave this some time in May, so that I may be back -before the winter. - -_Impost_ is a duty paid on any imported article, in the _moment of its -importation_, and of course it is collected in the seaports only. _Excise_ -is a duty on any article, whether imported or raised at home, and paid -in the _hands of the consumer or retailer_; consequently, it is collected -through the whole country. These are the true definitions of these words -as used in England, and in the greater part of the United States. But in -Massachusetts, they have perverted the word excise to mean a tax on all -liquors, whether paid in the moment of importation or at a later moment, -and on nothing else. So that in reading the debates of the Massachusetts -convention, you must give this last meaning to the word excise. - -_Rotation_ is the change of officers required by the laws at certain -epochs, and _in a certain order_: thus, in Virginia, our justices of the -peace are made sheriffs one after the other, each remaining in office two -years, and then yielding it to his next brother in order of seniority. -This is the just and classical meaning of the word. But in America, we -have extended it (for want of a proper word) to all cases of officers who -must be necessarily changed at a fixed epoch, though the successor be not -pointed out in any particular order, but comes in by free election. By the -term _rotation in office_, then we mean _an obligation on the holder of -that office to go out at a certain period_. In our first Confederation, -the principle of rotation was established in the office of President of -Congress, who could serve but one year in three, and in that of a member -of Congress, who could serve but three years in six. - -I believe all the countries in Europe determine their standard of money -in gold as well as silver. Thus, the laws of England direct that a pound -Troy of gold, of twenty-two carats fine, shall be cut into forty-four -and a half guineas, each of which shall be worth twenty-one and a half -shillings, that is, into 956 3-4 shillings. This establishes the shilling -at 5.518 grains of _pure_ gold. They direct that a pound of silver, -consisting of 11 1-10 ounces of pure silver and 9-10 of an ounce alloy, -shall be cut into sixty-two shillings. This establishes the shilling at -85.93 grains of pure silver, and, consequently, the proportion of gold to -silver as 85.93 to 5.518, or as 15.57 to 1. If this be the true proportion -between the value of gold and silver at the general market of Europe, -then the value of the shilling, depending on two standards, is the same, -whether a payment be made in gold or in silver. But if the proportion of -the general market at Europe be as fifteen to one, then the Englishman who -owes a pound weight of gold at Amsterdam, if he sends the pound of gold to -pay it, sends 1043.72 shillings; if he sends fifteen pounds of silver, he -sends only 1030.5 shillings; if he pays half in gold and half in silver, -he pays only 1037.11 shillings. And this medium between the two standards -of gold and silver, we must consider as furnishing the true medium value -of the shilling. If the parliament should now order the pound of gold (of -one-twelfth alloy as before) to be put into a thousand shillings instead -of nine hundred and fifty-six and three-fourths, leaving the silver as -it is, the medium or true value of the shilling would suffer a change of -half the difference; and in the case before stated, to pay a debt of a -pound weight of gold, at Amsterdam, if he sent the pound weight of gold, -he would send 1090.9 shillings; if he sent fifteen pounds of silver, he -would send 1030.5 shillings; if half in gold and half in silver, he would -send 1060.7 shillings; which shows that this parliamentary operation would -reduce the value of the shilling in the proportion of 1060.7 to 1037.11. - -Now this is exactly the effect of the late change in the quantity of -gold contained in your louis. Your _marc d'argent fin_ is cut into 53.45 -livres (fifty-three livres and nine sous), the _marc de l'or fin_ was -cut, heretofore, by law, into 784.6 livres (seven hundred and eighty-four -livres and twelve sous); gold was to silver then as 14.63 to 1. And if -this was different from the proportion at the markets of Europe, the -true value of your livre stood half way between the two standards. By the -ordinance of October the 30th, 1785, the _marc_ of pure gold has been cut -into 828.6 livres. If your standard had been in gold alone, this would -have reduced the value of your livre in the proportion of 828.6 to 784.6. -But as you had a standard of silver as well as gold, the true standard is -the medium between the two; consequently the value of the livre is reduced -only one-half the difference, that is, as 806.6 to 784.6, which is very -nearly three per cent. Commerce, however, has made a difference of four -per cent., the average value of the pound sterling, formerly twenty-four -livres, being now twenty-five livres. Perhaps some other circumstance has -occasioned an addition of one per cent. to the change of your standard. - -I fear I have tired you by these details. I did not mean to be so lengthy -when I began. I beg you to consider them as an appeal to your judgment, -which I value, and from which I will expect a correction, if they are -wrong. - -I have the honor to be, with very great esteem and attachment, dear Sir, -your most obedient, and most humble servant. - - -TO THE MARQUIS DE LA FAYETTE - Paris, May 6, 1789. - -My Dear Friend,--As it becomes more and more possible that the Noblesse -will go wrong, I become uneasy for you. Your principles are decidedly with -the Tiers Etat, and your instructions against them. A complaisance to the -latter on some occasions, and an adherence to the former on others, may -give an appearance of trimming between the two parties, which may lose -you both. You will, in the end, go over wholly to the Tiers Etat, because -it will be impossible for you to live in a constant sacrifice of your own -sentiments to the prejudices of the Noblesse. But you would be received -by the Tiers Etat at any future day, coldly, and without confidence. -This appears to me the moment to take at once that honest and manly stand -with them which your own principles dictate. This will win their hearts -forever, be approved by the world, which marks and honors you as the -man of the people, and will be an eternal consolation to yourself. The -Noblesse, and especially the Noblesse of Auvergne, will always prefer -men who will do their dirty work for them. You are not made for that. -They will therefore soon drop you, and the people, in that case, will -perhaps not take you up. Suppose a scission should take place. The Priests -and Nobles will secede, the nation will remain in place, and, with the -King, will do its own business. If violence should be attempted, where -will you be? You cannot then take side with the people in opposition -to your own vote, that very vote which will have helped to produce the -scission. Still less can you array yourself against the people. That -is impossible. Your instructions are indeed a difficulty. But to state -this at its worst it is only a single difficulty, which a single effort -surmounts. Your instructions can never embarrass you a second time, -whereas an acquiescence under them will reproduce greater difficulties -every day, and without end. Besides, a thousand circumstances offer as -many justifications of your departure from your instructions. Will it -be impossible to persuade all parties that (as for good legislation two -Houses are necessary) the placing the privileged classes together in one -House, and the unprivileged in another, would be better for both than a -scission? I own, I think it would. People can never agree without some -sacrifices; and it appears but a moderate sacrifice in each party, to -meet on this middle ground. The attempt to bring this about might satisfy -your instructions, and a failure in it would justify your siding with the -people, even to those who think instructions are laws of conduct. Forgive -me, my dear friend, if my anxiety for you makes me talk of things I know -nothing about. You must not consider this as advice. I know you and myself -too well to presume to offer advice. Receive it merely as the expression -of my uneasiness, and the effusion of that sincere friendship with which -I am, my dear Sir, yours affectionately. - - -TO WILLIAM CARMICHAEL. - - Paris, May 8, 1789. - -Dear Sir,--Your favor of January the 26th, to March the 27th, is duly -received, and I thank you for the interesting papers it contained. The -answer of Don Ulloa, however, on the subject of the canal through the -American isthmus, was not among them, though mentioned to be so. If -you have omitted it through accident, I shall thank you for it at some -future occasion, as I wish much to understand that subject thoroughly. -Our American information comes down to the 16th of March. There had -not yet been members enough assembled of the new Congress to open the -tickets. They expected to do it in a day or two. In the meantime, it was -said from all the States, that their vote had been unanimous for General -Washington, and a good majority in favor of Mr. Adams, who is certainly, -therefore, Vice President. The new government would be supported by very -cordial and very general dispositions in its favor from the people. I -have not yet seen a list of the new Congress. This delay in the meeting -of the new government, has delayed the determination on my petition for -leave of absence. However, I expect to receive it every day, and am in -readiness to sail the instant I receive it, so that this is probably the -last letter I shall write you hence till my return. While there, I shall -avail government of the useful information I have received from you, and -shall not fail to profit of any good occasion which may occur, to show the -difference between your real situation and what it ought to be. I consider -Paris and Madrid as the only two points at which Europe and America should -touch closely, and that a connection at these points should be fostered. - -We have had, in this city, a very considerable riot, in which about one -hundred people have been probably killed. It was the most unprovoked, and -is, therefore, justly, the most unpitied catastrophe of that kind I ever -knew. Nor did the wretches know what they wanted, except to do mischief. -It seems to have had no particular connection with the great national -question now in agitation. The want of bread is very seriously dreaded -through the whole kingdom. Between twenty and thirty ship loads of wheat -and flour has already arrived from the United States, and there will -be about the same quantity of rice sent from Charleston to this country -directly, of which about half has arrived. I presume that between wheat -and rice, one hundred ship loads may be counted on in the whole from us. -Paris consumes about a ship load a day (say two hundred and fifty tons). -The total supply of the West Indies for this year, rests with us, and -there is almost a famine in Canada and Nova Scotia. The States General -were opened the day before yesterday. Viewing it as an opera, it was -imposing; as a scene of business, the King's speech was exactly what it -should have been, and very well delivered; not a word of the Chancellor's -was heard by anybody, so that, as yet, I have never heard a single guess -at what it was about. Mr. Neckar's was as good as such a number of details -would permit it to be. The picture of their resources was consoling, and -generally plausible. I could have wished him to have dwelt more on those -great constitutional reformations, which his "Rapport au roy" had prepared -us to expect. But they observe, that these points were proper for the -speech of the Chancellor. We are in hopes, therefore, they were in that -speech, which, like the Revelations of St. John, were no revelations at -all. The Noblesse, on coming together, show that they are not as much -reformed in their principles as we had hoped they would be. In fact, there -is real danger of their totally refusing to vote by persons. Some found -hopes on the lower clergy, which constitute four-fifths of the deputies -of that order. If they do not turn the balance in favor of the Tiers -Etat, there is real danger of a scission. But I shall not consider even -that event as rendering things desperate. If the King will do business -with the Tiers Etat, which constitutes the nation, it may be well done -without Priests or Nobles. From the best information I can obtain, the -King of England's madness has terminated in an imbecility, which may very -possibly be of long continuance. He is going with his Queen to Germany. -England chained to rest, the other parts of Europe may recover or retain -tranquillity. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO MR. LITTLEPAGE. - - Paris, May 8, 1789. - -Dear Sir,--Your favor of February 12th has been duly received, and in -exchange for its information, I shall give you that which you desire -relative to American affairs. Those of Europe you can learn from other -sources. All our States acceded unconditionally to the new Constitution, -except North Carolina and Rhode Island. The latter rejects it in toto. -North Carolina neither rejected nor received it, but asked certain -amendments before it should receive it. Her amendments concur with those -asked by Virginia, New York and Massachusetts, and consist chiefly in a -declaration of rights. Even the warmest friends to the new form begin to -be sensible it wants the security, and it is pretty generally agreed that -a declaration of rights shall be added. New York and Virginia, though -they have acceded to this government, are less contented with it than the -others. In New York, it is the effect of the intrigues and influence of -Governor Clinton, who it is hoped will be exchanged for a Judge Yates. -In Virginia, it is perhaps the apprehension that the new government will -oblige them to pay their debts. Our letters are as late as the 16th of -March. There were not yet members enough of the new Congress assembled to -open the tickets. It was expected there would be in two or three days. -Information, however, from all the States, gave reason to be satisfied -that General Washington was elected unanimously, and Mr. John Adams by a -sufficient plurality to ensure his being the Vice President. The elections -to Congress had been almost entirely in favor of persons well-disposed -to the new government, which proves the mass of the people in its favor. -In general, there are the most favorable dispositions to support it, -and those heretofore disheartened, now write in great confidence of our -affairs. That spirit of luxury which sprung up at the peace, has given -place to a laudable economy. Home manufactures are encouraged, and the -balance last year was greatly on the side of exportation. The settlement -of the Western country has gone on with astonishing rapidity. A late -unaccountable event may slacken by scattering it. Spain has granted the -exclusive navigation of the Mississippi, with a large tract of country -on the western side of the river, to Col. Morgan of New Jersey, to whom -great numbers of settlers are flocking over from Kentucky. While this -measure weakens somewhat the United States for the present, it begins -our possession of that country considerably sooner than I had expected, -and without a struggle till no struggle can be made. Great crops of corn -last year in the United States, and a great demand for it in British and -French America, and in Europe. Remarkable deaths are, Gen. Nelson, and -John Bannisters, father and son. I expect every day to receive a leave of -absence for six months, and shall sail within a week after receiving it. -I hope to be back before winter sets in. I have the honor to be, with very -great esteem, dear Sir, your most obedient humble servant. - - -TO JOHN JAY. - - Paris, May 9, 1789. - -Sir,--Since my letter of March the 1st, by the way of Havre, and those of -March the 12th and 15th, by the way of London, no opportunity of writing -has occurred, till the present to London. - -There are no symptoms of accommodation between the Turks and two empires, -nor between Russia and Sweden. The Emperor was, on the 16th of the last -month, expected to die, certainly; he was, however, a little better when -the last news came away, so that hopes were entertained of him; but it -is agreed that he cannot get the better of his complaints ultimately, so -that his life is not at all counted on. The Danes profess, as yet, to do -no more against Sweden than furnish their stipulated aid. The agitation -of Poland is still violent, though somewhat moderated by the late change -in the demeanor of the King of Prussia. He is much less thrasonic than -he was. This is imputed to the turn which the English politics may be -rationally expected to take. It is very difficult to get at the true state -of the British King; but from the best information we can get, his madness -has gone off, but he is left in a state of imbecility and melancholy. -They are going to carry him to Hanover, to see whether such a journey -may relieve him. The Queen accompanies him. If England should, by this -accident, be reduced to inactivity, the southern countries of Europe may -escape the present war. Upon the whole, the prospect for the present year, -if no unforeseen accident happens, is, certain peace for the powers not -already engaged, a probability that Denmark will not become a principal, -and a mere possibility that Sweden and Russia may be accommodated. The -interior disputes of Sweden are so exactly detailed in the Leyden gazette, -that I have nothing to add on that subject. - -The revolution of this country has advanced thus far, without encountering -anything which deserves to be called a difficulty. There have been riots -in a few instances, in three or four different places, in which there -may have been a dozen or twenty lives lost. The exact truth is not to -be got at. A few days ago, a much more serious riot took place in this -city, in which it became necessary for the troops to engage in regular -action with the mob, and probably about one hundred of the latter were -killed. Accounts vary from twenty to two hundred. They were the most -abandoned banditti of Paris, and never was a riot more unprovoked and -unpitied. They began, under a pretence that a paper manufacturer had -proposed in an assembly to reduce their wages to fifteen sous a day. -They rifled his house, destroyed everything in his magazines and shops, -and were only stopped in their career of mischief by the carnage above -mentioned. Neither this nor any other of the riots, have had a professed -connection with the great national reformation going on. They are such as -have happened every year since I have been here, and as will continue to -be produced by common incidents. The States General were opened on the -4th instant, by a speech from the throne, one by the Garde des Sceaux, -and one from Mr. Neckar. I hope they will be printed in time to send you -herewith: lest they should not, I will observe, that that of Mr. Neckar -stated the real and ordinary deficit to be fifty-six millions, and that -he showed that this could be made up without a new tax, by economies -and bonifications which he specified. Several articles of the latter -are liable to the objection, that they are proposed on branches of the -revenue, of which the nation has demanded a suppression. He tripped too -lightly over the great articles of constitutional reformation, these being -not as clearly enounced in this discourse as they were in his "Rapport -au roy," which I sent you some time ago. On the whole, his discourse -has not satisfied the patriotic party. It is now, for the first time, -that their revolution is likely to receive a serious check, and begins -to wear a fearful appearance. The progress of light and liberality in -the order of the Noblesse, has equalled expectation in Paris only and -its vicinities. The great mass of deputies of that order, which come -from the country, show that the habits of tyranny over the people are -deeply rooted in them. They will consent, indeed, to equal taxation; -but five-sixths of that chamber are thought to be, decidedly, for voting -by orders; so that, had this great preliminary question rested on this -body, which formed heretofore the sole hope, that hope would have been -completely disappointed. Some aid, however, comes in from a quarter whence -none was expected. It was imagined the ecclesiastical elections would -have been generally in favor of the higher clergy; on the contrary, the -lower clergy have obtained five-sixths of these deputations. These are -the sons of peasants, who have done all the drudgery of the service for -ten, twenty and thirty guineas a year, and whose oppressions and penury, -contrasted with the pride and luxury of the higher clergy, have rendered -them perfectly disposed to humble the latter. They have done it, in many -instances, with a boldness they were thought insusceptible of. Great hopes -have been formed, that these would concur with the Tiers Etat in voting -by persons. In fact, about half of them seem as yet so disposed; but the -bishops are intriguing, and drawing them over with the address which has -ever marked ecclesiastical intrigue. The deputies of the Tiers Etat seem, -almost to a man, inflexibly determined against the vote by orders. This -is the state of parties, as well as can be judged from conversation only, -during the fortnight they have been now together. But as no business -has been yet begun, no votes as yet taken, this calculation cannot be -considered as sure. A middle proposition is talked of, to form the two -privileged orders into one chamber. It is thought more possible to bring -them into it than the Tiers Etat. Another proposition is, to distinguish -questions, referring those of certain descriptions to a vote by persons, -others to a vote by orders. This seems to admit of endless altercation, -and the Tiers Etat manifest no respect for that, or any other modification -whatever. Were this single question accommodated, I am of opinion, there -would not occur the least difficulty in the great and essential points of -constitutional reformation. But on this preliminary question the parties -are so irreconcilable, that it is impossible to foresee what issue it -will have. The Tiers Etat, as constituting the nation, may propose to -do the business of the nation, either with or without the minorities in -the Houses of Clergy and Nobles which side with them. In that case, if -the King should agree to it, the majorities in those two Houses would -secede, and might resist the tax gatherers. This would bring on a civil -war. On the other hand, the privileged orders, offering to submit to equal -taxation, may propose to the King to continue the government in its former -train, resuming to himself the power of taxation. Here, the tax gatherers -might be resisted by the people. In fine, it is but too possible, that -between parties so animated, the King may incline the balance as he -pleases. Happy that he is an honest, unambitious man, who desires neither -money or power for himself; and that his most operative minister, though -he has appeared to trim a little, is still, in the main, a friend to -public liberty. - -I mentioned to you in a former letter, the construction which our bankers -at Amsterdam had put on the resolution of Congress, appropriating the last -Dutch loan, by which the money for our captives would not be furnished -till the end of the year 1790. Orders from the board of treasury have now -settled this question. The interest of the next month is to be first paid, -and after that, the money for the captives and foreign officers is to be -furnished, before any other payment of interest. This insures it when the -next February interest becomes payable. My representations to them, on -account of the contracts I had entered into for making the medals, have -produced from them the money of that object, which is lodged in the hands -of Mr. Grand. - -Mr. Neckar, in his discourse, proposes among his bonifications of revenue, -the suppressions of our two free ports of Bayonne and L'Orient, which, -he says, occasion a loss of six hundred thousand livres annually, to the -crown, by contraband. (The speech being not yet printed, I state this only -as it struck my ear when he delivered it. If I have mistaken it, I beg you -to receive this as my apology, and to consider what follows as written -on that idea only.) I have never been able to see that these free ports -were worth one copper to us. To Bayonne our trade never went, and it is -leaving L'Orient. Besides, the right of entrepôt is a perfect substitute -for the right of free port. The latter is a little less troublesome only, -to the merchants and captains. I should think, therefore, that a thing -so useless to us and prejudicial to them might be relinquished by us, on -the common principles of friendship. I know the merchants of these ports -will make a clamor, because the franchise covers their contraband with all -the world. Has Monsieur de Moustier said anything to you on this subject? -It has never been mentioned to me. If not mentioned in either way, it is -rather an indecent proceeding, considering that this right of free port is -founded in treaty. I shall ask of M. de Montmorin, on the first occasion, -whether he has communicated this to you through his ministry; and if he -has not, I will endeavor to notice the infraction to him in such a manner, -as neither to reclaim nor abandon the right of free port, but leave our -government free to do either. - -The gazettes of France and Leyden, as usual, will accompany this. I am in -hourly expectation of receiving from you my leave of absence, and keep -my affairs so arranged, that I can leave Paris within eight days after -receiving the permission. I have the honor to be, with sentiments of the -most perfect esteem and respect, Sir, your most obedient, and most humble -servant. - - -TO GENERAL WASHINGTON. - - Paris, May 10, 1789. - -Sir,--I am now to acknowledge the honor of your two letters of Nov. the -27th and Feb. the 13th, both of which have come to hand since my last to -you of Dec. the 4th and 5th. The details you are so good as to give me on -the subject of the navigation of the waters of the Potomac and Ohio, are -very pleasing to me, as I consider the union of these two rivers, as among -the strongest links of connection between the eastern and western sides of -our confederacy. It will, moreover, add to the commerce of Virginia, in -particular, all the upper parts of the Ohio and its waters. Another vast -object, and of much less difficulty, is to add, also, all the country on -the lakes and their waters. This would enlarge our field immensely, and -would certainly be effected by an union of the upper waters of the Ohio -and lake Erie. The Big Beaver and Cayahoga offer the most direct line, -and according to information I received from General Hand, and which -I had the honor of writing you in the year 1783, the streams in that -neighborhood head in lagoons, and the country is flat. With respect to -the doubts which you say are entertained by some, whether the upper waters -of Potomac can be rendered capable of navigation on account of the falls -and rugged banks, they are answered, by observing, that it is reduced to -a maxim, that whenever there is water enough to float a batteau, there -may be navigation for a batteau. Canals and locks may be necessary, and -they are expensive; but I hardly know what expense would be too great, for -the object in question. Probably, negotiations with the Indians, perhaps -even settlement, must precede the execution of the Cayahoga canal. The -States of Maryland and Virginia should make a common object of it. The -navigation, again, between Elizabeth River and the Sound, is of vast -importance, and in my opinion, it is much better that these should be done -at public than private expense. - -Though we have not heard of the actual opening of the new Congress, and -consequently, have not official information of your election as President -of the United States, yet, as there never could be a doubt entertained of -it, permit me to express here my felicitations, not to yourself, but to -my country. Nobody who has tried both public and private life, can doubt -but that you were much happier on the banks of the Potomac than you will -be at New York. But there was nobody so well qualified as yourself, to put -our new machine into a regular course of action; nobody, the authority -of whose name could have so effectually crushed opposition at home, and -produced respect abroad. I am sensible of the immensity of the sacrifice -on your part. Your measure of fame was full to the brim; and, therefore, -you have nothing to gain. But there are cases wherein it is a duty to -risk all against nothing, and I believe this was exactly the case. We may -presume, too, according to every rule of probability, that after doing -a great deal of good, you will be found to have lost nothing but private -repose. - -In a letter to Mr. Jay, of the 19th of Nov., I asked a leave of absence -to carry my children back to their own country, and to settle various -matters of a private nature, which were left unsettled, because I had -no idea of being absent so long. I expected that letter would have been -received in time to be decided on by the Government then existing. I know -now that it would arrive when there was no Congress, and consequently, -that it must have awaited your arrival at New York. I hope you found -the request not an unreasonable one. I am excessively anxious to receive -the permission without delay, that I may be able to get back before the -winter sets in. Nothing can be so dreadful to me, as to be shivering -at sea for two or three months in a winter passage. Besides, there has -never been a moment at which the presence of a minister here could be so -well dispensed with, from certainty of no war this summer, and that the -government will be so totally absorbed in domestic arrangements, as to -attend to nothing exterior. Mr. Jay will, of course, communicate to you -some ciphered letters lately written, and one of this date. My public -letter to him contains all the interesting public details. I enclose with -the present, some extracts of a letter from Mr. Paine, which he desired -me to communicate; your knowledge of the writer will justify my giving -you the trouble of these communications, which their interesting nature -and his respectability, will jointly recommend to notice. I am in great -pain for the Marquis de La Fayette. His principles, you know, are clearly -with the people; but having been elected for the Noblesse of Auvergne, -they have laid him under express instructions, to vote for the decision -by orders and not persons. This would ruin him with the Tiers Etat, and -it is not possible he could continue long to give satisfaction to the -Noblesse. I have not hesitated to press on him to burn his instructions, -and follow his conscience as the only sure clue, which will eternally -guide a man clear of all doubts and inconsistencies. If he cannot effect -a conciliatory plan, he will surely take his stand manfully at once, with -the Tiers Etat. He will in that case be what he pleases with them, and -I am in hopes that base is now too solid to render it dangerous to be -mounted on it. In hopes of being able in the course of the summer, to pay -my respects to you personally, in New York, I have the honor to be, with -sentiments of the most perfect respect and attachment, Sir, your most -obedient, and most humble servant. - - -[_Extract of the letter from Thomas Paine, referred to in the preceding, -to General Washington._] - -"London, March the 12th, 1789. I do not think it is worth while for -Congress to appoint any minister at this court. The greater distance -Congress observes on this point, the better. It will be all money thrown -away, to go to any expense about it, at least during the present reign. I -know the nation well, and the line of acquaintance I am in, enables me to -judge better on this matter than any other American can judge, especially -at a distance. I believe I am not so much in the good graces of the -Marquis of Lansdowne as I used to be. I do not answer his purpose. He was -always talking of a sort of re-connection of England and America, and my -coldness and reserve on this subject checked communication. I believe he -would be a good minister for England, with respect to a better agreement -with France." - -(Same letter continued) "April 10. The acts for regulating the trade with -America are to be continued as last year. A paper from the Privy Council -respecting the American fly, is before parliament. I had some conversation -with Sir Joseph Banks upon this subject, as he was the person whom the -Privy Council referred to. I told him that the Hessian fly attacked only -the green plant, and did not exist in the dry grain. He said, that with -respect to the Hessian fly, they had no apprehension, but it was the -weavil they alluded to. I told him the weavil had always, more or less, -been in the wheat countries of America, and that if the prohibition was -on that account, it was as necessary fifty or sixty years as now; that I -believed it was only a political manœuvre of the ministry to please the -landed interest, as a balance for prohibiting the exportation of wool, -to please the manufacturing interest. He did not reply, and as we are on -very sociable terms, I went farther, by saying, the English ought not to -complain of the non-payment of debts from America, while they prohibit the -means of payment. I suggest to you a thought on this subject. The debts -due before the war ought to be distinguished from the debts contracted -since, and all and every mode of payment and remittance under which -they might have been discharged at the time they were contracted, ought -to accompany those debts so long as any of them shall continue unpaid, -because the circumstances of payment became united with the debt, and -cannot be separated by subsequent acts of one side only. If this was taken -up in America, and insisted on as a right coëval with and inseparable from -those debts, it would force some of the restrictions here to give way. -While writing this, I am informed that the minister has had a conference -with some of the American creditors, and proposed to them to assume the -debts, and give them ten shillings in the pound. The conjecture is, that -he means, when the new Congress is established, to demand the payment. -If you are writing to General Washington, it may not be amiss to mention -this, and if I hear further on this matter, I will inform you. But as, -being a money matter, it cannot come forward but through parliament, there -will be notice given of the business. This would be a proper time to show, -that the British acts since the peace militate against the payment, by -narrowing the means by which those debts might have been paid when they -were contracted, and which ought to be considered as constituent parts of -the contract." - - -TO JAMES MADISON. - - Paris, May 11, 1789. - -Dear Sir,--My last to you was of the 15th of March. I am now in hourly -expectation of receiving my leave of absence. The delay of it a little -longer, will endanger the throwing my return into the winter, the very -idea of which is horror itself to me. I am in hopes this is the last -letter I shall have the pleasure of writing to you, before my departure. - -The madness of the King of England has gone off, but left him in a state -of imbecility and melancholy. They talk of carrying him to Hanover. If -they do, it will be a proof he does not mend, and that they take that -measure, to authorize them to establish a regency. But if he grows better, -they will perhaps keep him at home, to avoid the question, who shall be -regent? As that country cannot be relied on in the present state of its -executive, the King of Prussia has become more moderate; he throws cold -water on the fermentation he had excited in Poland. The King of Sweden -will act as nobody, not even himself, can foresee; because he acts from -the caprice of the moment, and because the discontents of his army and -nobles may throw him under internal difficulties, while struggling with -external ones. Denmark will probably only furnish its stipulated aid to -Russia. France is fully occupied with internal arrangement. So that, on -the whole, the prospect of this summer is, that the war will continue -between the powers actually engaged in the close of the last campaign, -and extend to no others; certainly, it will not extend, this year, to the -southern States of Europe. The revolution of France has gone on with the -most unexampled success, hitherto. There have been some mobs, occasioned -by the want of bread, in different parts of the kingdom, in which there -may have been some lives lost; perhaps a dozen or twenty. These had no -professed connection, _generally_, with the constitutional revolution. -A more serious riot happened lately in Paris, in which about one hundred -of the mob were killed. This execution has been universally approved, as -they seemed to have no view but mischief and plunder. But the meeting of -the States General presents serious difficulties, which it had been hoped -the progress of reason would have enabled them to get over. The nobility -of and about Paris, have come over, as was expected, to the side of the -people, in the great question of voting by persons or orders. This had -induced a presumption that those of the country were making the same -progress, and these form the great mass of the deputies of that order. -But they are found to be where they were centuries ago, as to their -disposition to keep distinct from the people, and even to tyrannize over -them. They agree, indeed, to abandon their pecuniary privileges. The -clergy seem, at present, much divided. Five-sixths of that representation -consists of the lower clergy, who, being the sons of the peasantry, are -very well with the Tiers Etat. But the Bishops are intriguing, and drawing -them over daily. The Tiers Etat is so firm to vote by persons or to go -home, that it is impossible to conjecture what will be the result. This is -the state of parties, as well as we can conjecture from the conversation -of the members; for, as yet, no vote has been given which will enable us -to calculate, on certain ground. - -Having formerly written to you on the subject of our finances, I enclose -you now an abstract of a paper on that subject, which Gouverneur Morris -communicated to me. You will be a better judge of its merit than I am. It -seems to me worthy good attention. - -I have a box of books packed for you, which I shall carry to Havre, and -send by any ship bound to New York or Philadelphia. I have been so inexact -as to take no list of them before nailing up the box. Be so good as to do -this, and I will take with me my bookseller's account, which will enable -us to make a statement of them. They are chiefly Encyclopedies, from the -twenty-third to the thirtieth livraison. Paul Jones has desired me to -send to yourself and Colonel Carrington each, his bust. They are packed -together in the same box. There are three other boxes, with two in each, -for other gentlemen. I shall send them all together, and take the liberty -of addressing them to you. I rejoice extremely to hear you are elected, in -spite of all cabals. I fear your post will not permit me to see you but -in New York, and consequently but a short time only. I shall much regret -this. - -I am, with sentiments of sincere attachment and respect, dear Sir, your -friend and servant. - - -TO THE HONORABLE MR. JAY. - - Paris, May 12, 1789. - -Sir,--I am this moment returned from Versailles, and it is the last -moment allowed me to write by this occasion. The Tiers Etat remain -unshaken in their resolution to do no business with the other orders, but -voting by persons. The Nobles are equally determined, and by a majority -of four-fifths or five-sixths to vote only by orders. Committees of -accommodation indeed are appointed, but with little prospect of effect. -Already the ministry of the Nobles began to talk of abandoning their -body, and going to take their places among the Tiers. Perhaps they may -be followed by the timid part of their orders, and it might be hoped, by -a majority of the Clergy, which still remain undebauched by the bishops. -This would form a States General of the whole Tiers, a majority of the -Clergy, and a fraction of the Nobles. This may be considered, then, as -one of the possible issues this matter may take, should reconciliation be -impracticable. - -I am able to speak now more surely of the situation of the Emperor. His -complaint is pulmonary. The spitting of blood is from the lungs. The -hemorrhage which came on was critical, and relieved him for the moment; -but the relief was momentary only. There is little expectation he can -last long. The King of England's voyage to Hanover is spoken of more -doubtfully. This would be an indication that his complaint is better, or, -at least, not worse. I find, on receiving Mr. Neckar's discourse in print, -that he has not proposed in direct terms to put down our free ports. The -expression is, "on se borne en ce moment a vous faire observer," &c., -&c. I spoke on the subject to M. de Montmorin to-day, and he says they -meant and mean to confer with me on it before my departure. I spoke to -him also to bring Schweighauser and De Bree's affair to a conclusion; -and to Mr. Rayneval on the same subject. They told me they had just -received a letter from the Count de La Luzerne, justifying the detention -of our stores; that they were so much dissatisfied with the principles -he advanced, that they should take upon themselves to combat and protest -against them, and to insist on a clear establishment of the rule that the -property of one sovereign within the dominions of another, is not liable -to the territorial jurisdiction. They have accordingly charged one of -their ablest counsels with the preparation of a memoir to establish this -point. 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 DE PONTIÈRE. - - Paris, May 17, 1789. - -Sir,--I am honored with your letter of the 6th instant, and am sincerely -sorry that you should experience inconveniences for the want of arrearages -due to you from the United States. I have never ceased to take every -measure which could promise to procure to the foreign officers the payment -of these arrears. At present, the matter stands thus: Congress have -agreed to borrow a sum of money in Holland, to enable them to pay the -individual demands in Europe. They have given orders that these arrearages -shall be paid out of this money, when borrowed, and certain bankers in -Amsterdam are charged to borrow the money. I am myself of opinion, they -will certainly procure the money in the course of the present year; but -it is not for me to affirm this, nor to make any engagement. The moment -the money is ready, it shall be made known to Colonel Gourion, who, at -the desire of many of the officers, has undertaken to communicate with -me on the subject, and to inform them, from time to time, of the progress -of this business. He will readily answer your letters on this subject. I -depart in a few days for America, but shall leave such instructions here, -as that this matter will suffer no delay on that account. - -I have the honor to be, Sir, your most obedient humble servant. - - -TO MR. VAUGHAN. - - Paris, May 17, 1789. - -Dear Sir,--I am to acknowledge, all together, the receipt of your favors -of March the 17th, 26th, and May the 7th, and to return you abundant -thanks for your attention to the article of dry rice, and the parcel of -seeds you sent me. This is interesting, because, even should it not take -place of the wet rice, in South Carolina, it will enable us to cultivate -this grain in Virginia, where we have not lands disposed for the wet rice. -The collection of the works of Monsieur de Poivre has not, as I believe, -been ever published. It could hardly have escaped my knowledge if they -had been ever announced. The French translation of the book on trade, -has not yet come to my hands. Whenever I receive the copies they shall -be distributed, and principally among the members of the Etats Generaux. -I doubt whether, at this session, they will take up the subject of -commerce. Whenever they do, they will find better principles nowhere than -in that book. I spoke with Mr. Stewart yesterday on the subject of the -distribution, and if I should be gone before the books come to hand, he -will execute the commission. Your nation is very far from the liberality -that treatise inculcates. The proposed regulation on the subject of our -wheat, is one proof. The prohibition of it in England would, of itself, -be of no great moment, because I do not know that it is much sent there. -But it is the publishing a libel on our wheat, sanctioned with the name of -parliament, and which can have no object but to do us injury, by spreading -a groundless alarm in those countries of Europe where our wheat is -constantly and kindly received. It is a mere assassination. If the insect -they pretend to fear, be the Hessian fly, it never existed in the grain. -If it be the weavil, our grain always had that; and the experience of a -century has proved that either the climate of England is not warm enough -to hatch the egg and continue the race, or that some other unknown cause -prevents any evil from it. How different from this spirit, my dear Sir, -has been your readiness to help us to the dry rice, to communicate to us -the bread tree, &c. Will any of our climates admit the cultivation of the -latter? I am too little acquainted with it, to judge. I learn that your -newspapers speak of the death of Ledyard, at Grand Cairo. I am anxious -to know whether there be foundation for this. I have not yet had time to -try the execution of the wood hygrometer proposed by Dr. Franklin. Though -I have most of the articles ready made, I doubt now whether I shall be -able to do it before my departure for America, the permission for which, -I expect every hour; and I shall go off the instant I receive it. While -there, I shall have the pleasure of seeing your father and friends. I -expect to return in the fall. In the meantime I have the honor to be, -with very great esteem and respect, dear Sir, your most obedient humble -servant. - - -TO THOMAS PAINE. - - Paris, May 19, 1789. - -Dear Sir,--Your favors of February the 16th to April the 13th, and of May -the 3d and 10th, are received; and the two last are sent to Mr. Leroy, -who will communicate them to the Academy. - -You know that the States General have met, and probably have seen the -speeches at the opening of them. The three orders sit in distinct -chambers. The great question, whether they shall vote by orders or -persons can never be surmounted amicably. It has not yet been proposed -in form; but the votes which have been taken on the outworks of that -question show that the Tiers Etat are unanimous, a good majority of the -Clergy (consisting of the Curés) disposed to side with the Tiers Etat, -and in the chamber of the Noblesse, there are only fifty-four in that -sentiment, against one hundred and ninety, who are for voting by orders. -Committees to find means of conciliation are appointed by each chamber; -but conciliation is impossible. Some think the Nobles could be induced -to unite themselves with the _higher Clergy_ into one House, the lower -Clergy and Tiers Etat forming another. But the Tiers Etat are immovable. -They are not only firm, but a little disdainful. The question is, what -will ensue? One idea is to separate, in order to consult again their -constituents, and to take new instructions. This would be doing nothing, -for the same instructions would be repeated; and what, in the meantime, is -to become of a government, absolutely without money, and which cannot be -kept in motion with less than a million of livres a day? The more probable -expectation is as follows. As soon as it shall become evident that no -amicable determination of the manner of voting can take place, the Tiers -Etat will send an invitation to the two other orders to come and take -their places in the common chamber. A majority of the Clergy will go, and -the minority of the Noblesse. The chamber thus composed will declare that -the States General are constituted, will notify it to the King, and that -they are ready to proceed to business. If the King refuses to do business -with them, and adheres to the Nobles, the common chamber will declare all -taxes at an end, will form a declaration of rights, and do such other acts -as circumstances will permit, and go home. The tax-gatherers will then -be resisted, and it may well be doubted whether the soldiery and their -officers will not divide, as the Tiers Etat and Nobles. But it is more -likely that the King will agree to do business with the States General, -so constituted, professing that the necessities of the moment force -this, and that he means to negotiate (as they go along) a reconciliation -between the seceding members and those which remain. If the matter takes -this turn, there may be small troubles and ebullitions excited by the -seceding Noblesse and higher Clergy; but no serious difficulty can arise. -M. de Lamoignon, the Garde des Sceaux of the last year, has shot himself. -The Emperor's complaint is pulmonary and incurable. The Grand Seignior -is dead; his successor, young and warlike. I congratulate you sincerely -on the success of your bridge. I was sure of it before from theory; yet -one likes to be assured from practice also. I am anxious to see how Mr. -Rumsey's experiment succeeds. - -_May_ the 21st. I have this moment received a letter from Ledyard, dated -Cairo, November the 15th. He therein says, "I am doing up my baggage, -and most curious baggage it is, and I leave Cairo in two or three days. -I travel from hence southwest, about three hundred leagues, to a black -King; there my present conductors leave me to my fate. Beyond, I suppose, -I go alone. I expect to hit the continent across, between the parallels of -twelve and twenty degrees north latitude. I shall, if possible, write you -from the kingdom of this black gentleman." This seems to contradict the -story of his having died at Cairo in January, as he was then, probably, -in the interior parts of Africa. If Sir Joseph Banks has no news from him -later than the letter of September, it may do him pleasure, if you will -communicate the above. If he or any other person knows whether there is -any foundation for the story of his death, I will thank you to inform me -of it. My letter being to go off to-morrow, I shall only add assurances of -the esteem and respect with which I am, dear Sir, your friend and servant. - - -TO DOCTOR PRICE. - - Paris, May 19, 1789. - -Dear Sir,--Your favor of the 4th instant is duly received. I am in hourly -expectation of receiving letters permitting me to go to America for a few -months, and shall leave Paris within a very few days after I shall have -received them. As this is probably the last letter I can have the honor -of writing you before my return, I will do myself the pleasure of putting -you in possession of the state of things here at this moment, as it may -enable you better to decide between truth and falsehood for some time to -come. You already know that the States General are met, and have seen the -speeches of the King, the Garde des Sceaux, and of Mr. Neckar. The three -orders as yet, set in different chambers. The great parliamentary question -whether they shall vote by orders or persons is undecided. It has not -yet been formally proposed, but the votes already given in the separate -chambers on the outworks of that question, show that the Tiers Etat are -unanimous for voting by persons. A good majority of the Clergy of the same -disposition, and only fifty-four of the Noblesse against one hundred and -ninety of the same body, who are for voting by orders. The chambers have -appointed committees to confer together on the means of conciliation, -but this is mere form, conciliation being impracticable. The Noblesse, as -some think, would be induced to unite themselves into one house, with the -higher Clergy, the lower Clergy and Tiers forming another. But the Tiers -are firm, and will agree to no modification. They are disposed to reduce -the State to one order as much as possible. As we are always disposed -to conjecture on the future, it is natural to form conjectures as to the -issue from the present difficulty. One idea is, that they will separate -to consult their constituents. I think they will not do this, because -they know their constituents will repeat the same instructions. And what -in the meantime is to become of a government which cannot keep in motion -with less than a million of livres a day? A more probable conjecture is, -that when it shall be manifest that conciliation is impracticable, the -Tiers will invite the other orders to come and take their places in the -common chamber. The majority of the Clergy, (to wit, the curés, and the -minority of the Noblesse,) will accept the invitation. The chamber thus -composed, will declare that the States General are now constituted, will -notify it to the King, and prepare to proceed to business. If he refuses -to acknowledge them, and adheres to the principles of the Noblesse, -they will suspend all taxes, form a declaration of rights, and do such -other acts as circumstances will admit, and go home. The tax-gatherers -will be resisted, and perhaps the soldiery take side with the Tiers, and -their officers with the Noblesse. But I rather suppose the King will do -business with the States so constituted, negotiating at the same time as -they go along, a reconciliation with the seceding members. The latter -may in that case excite small and partial troubles, but cannot make a -serious resistance. It is very important that the lower Clergy side with -the Tiers. They are the effective part of that order, while the bishops -and archbishops are held in detestation. But you are to keep in mind that -these are conjectures, and you know how small a circumstance may give -a totally different turn from what has been plausibly conjectured. My -hope is that the mass of the Bourgeoisie is too well in motion, and too -well-informed to be resisted or misled, and ultimately that this great -country will obtain a good constitution, and show the rest of Europe -that reformation in government follows reformation in opinion. I am, with -sentiments of the most perfect esteem and attachment, dear Sir, your most -obedient, and most humble servant. - - -TO MONSIEUR DE CREVECOEUR. - - Paris, May 20, 1789. - -Dear Sir,--I am now to acknowledge the receipt of your several letters -of October 20th, November 20th, and January 2d, and to thank you for the -pamphlets you have been so kind as to send me. A conveyance by the way -of London enables me to write the present, for I never think of writing -_news_ by the circumnavigation of the Bordeaux packet. You know that -your States General are met, and you have seen the speeches of the King -and his ministers at the opening of it, for I take for granted, M. de -Montmorin has sent them to M. de Moustier, as I have done to Mr. Jay. I -was present at that august ceremony. Had it been enlightened with lamps -and chandeliers, it would have been almost as brilliant as the opera. -Till now your affairs have gone on with a smoothness and rapidity which -has been never before seen. At this moment, however, they are at a dead -stand. The great preliminary question, whether they shall vote by orders -or persons, seems to threaten a scission. They have not yet ventured to -present the question in form, but the votes which have been given by the -separate chambers on the outworks of that question, enables us to see -pretty clearly the strength of the two parties. For voting by persons are -1, the Tiers Etat, unanimous; 2, a good majority of the Clergy, consisting -of the curés; 3, fifty-four members of the Noblesse. For voting by orders -are 1, the residue of the Nobles being about 190; 2, a minority in the -Clergy, consisting of the bishops and archbishops, &c. All the world -is conjecturing how they are to get over the difficulty. Abundance are -affrighted, and think all is lost, and the nation in despair at this -unsuccessful effort, will consign itself to tenfold despotism. This is -rank cowardice. Others propose that the members shall go back to ask new -instructions from their constituents. This would be useless, because they -know that the same instructions would be repeated, and who can say what -new event, internal or external, might shuffle this glorious game out of -their hands? Another hypothesis, which I shall develop, because I like it, -and wish it, and hope it, is, that as soon as it shall be manifest that -the committees of conciliation, now appointed by the three chambers, shall -be able to agree in nothing, the Tiers will invite the other two orders to -come and take their seats in the common chamber. A majority of the Clergy -will come, and the minority of the Nobles. The chamber thus composed, will -declare that the States General are now constituted, will notify it to the -King, and propose to do business. It may be hoped he will accede to their -proposition, justifying it by the necessity of the moment, and negotiating -as they go along, the return of the other members of the Noblesse and -Clergy. If he should, on the contrary, refuse to receive them as the -States General, and adheres to the principles of the Noblesse, it may -possibly happen that the Tiers will declare all taxes discontinued, form a -declaration of rights, and do such other acts as circumstances will admit, -and return every man to his tent. The tax-gatherers might be resisted, and -the body of the army found to be disposed differently from their officers. -All this will be avoided by admitting this composition of the chamber to -be the States General, and pursuing modes of conciliation. These indeed -will be difficult for the orders, as the Tiers seem determined to break -down all the barriers of the separation of the several orders, and to -have in future but one. I would have put off writing to you a few days -longer, in hopes of informing you of the unravelling of this knot, but -I am in hourly expectation of receiving my leave of absence, and am so -prepared for my departure, that a very few days will enable me to set -out for America, where I shall have the pleasure of relating to you more -accurately the state of things here, of delivering you letters from your -sons, and of assuring you in person of those sentiments of esteem and -respect, with which I have the honor to be, dear Sir, your most obedient -humble servant. - -P. S. I have sent to M. le Comte de Moustier a list of the Deputies of -the States. - - -TO MONSIEUR DE LA FAYETTE. - - Paris, June 3, 1789. - -Dear Sir,--Revolving further in my mind the idea started yesterday of -the King's coming forward in a _seance royale_, and offering a charter -containing all the good in which all the parties agree, I like it more -and more. I have ventured to sketch such a charter merely to convey my -idea, which I now enclose to you, as I do also to M. de St. Etienne. I -write him a letter of apology for my meddling in a business where I know -so little and you and he so much. I have thought it better to possess him -immediately of the paper, because he may at the conference of to-day sound -the minds of the conferees. Yours affectionately. - - -TO MONSIEUR DE ST. ETIENNE. - - Paris, June 3, 1789. - -Sir,--After you quitted us yesterday evening, we continued our -conversation (Monsieur de La Fayette, Mr. Short and myself) on the subject -of the difficulties which environ you. The desirable object being, to -secure the good which the King has offered, and to avoid the ill which -seems to threaten, an idea was suggested, which appearing to make an -impression on Monsieur de La Fayette, I was encouraged to pursue it on -my return to Paris, to put it into form, and now to send it to you and -him. It is this; that the King, in a _seance royale_ should come forward -with a Charter of Rights in his hand, to be signed by himself and by -every member of the three orders. This charter to contain the five great -points which the Resultat of December offered, on the part of the King, -the abolition of pecuniary privileges offered by the privileged orders, -and the adoption of the national debt, and a grant of the sum of money -asked from the nation. This last will be a cheap price for the preceding -articles; and let the same act declare your immediate separation till the -next anniversary meeting. You will carry back to your constituents more -good than ever was effected before without violence, and you will stop -exactly at the point where violence would otherwise begin. Time will be -gained, the public mind will continue to ripen and to be informed, a basis -of support may be prepared with the people themselves, and expedients -occur for gaining still something further at your next meeting, and -for stopping again at the point of force. I have ventured to send to -yourself and Monsieur de La Fayette a sketch of my ideas of what this -act might contain, without endangering any dispute. But it is offered -merely as a canvas for you to work on, if it be fit to work on at all. I -know too little of the subject, and you know too much of it, to justify -me in offering anything but a hint. I have done it, too, in a hurry; -insomuch, that since committing it to writing, it occurs to me that the -fifth article may give alarm; that it is in a good degree included in the -fourth, and is, therefore, useless. But after all, what excuse can I make, -Sir, for this presumption. I have none but an unmeasurable love for your -nation, and a painful anxiety lest despotism, after an unaccepted offer -to bind its own hands, should seize you again with tenfold fury. Permit -me to add to these, very sincere assurances of the sentiments of esteem -and respect, with which I have the honor to be, Sir, your most obedient, -and most humble servant. - -[The annexed is the Charter accompanying the two preceding letters.] - -_A Charter of Rights, solemnly established by the King and Nation_ - -1. The States General shall assemble, uncalled, on the first day of -November, annually, and shall remain together so long as they shall -see cause. They shall regulate their own elections and proceedings, and -until they shall ordain otherwise, their elections shall be in the forms -observed in the present year, and shall be triennial. - -2. The States General alone shall levy money on the nation, and shall -appropriate it. - -3. Laws shall be made by the States General only, with the consent of the -King. - -4. No person shall be restrained of his liberty, but by regular process -from a court of justice, authorized by a general law. (Except that a Noble -may be imprisoned by order of a court of justice, on the prayer of twelve -of his nearest relations.) On complaint of an unlawful imprisonment, to -any judge whatever, he shall have the prisoner immediately brought before -him, and shall discharge him, if his imprisonment be unlawful. The officer -in whose custody the prisoner is, shall obey the orders of the judge; and -both judge and officer shall be responsible, civilly and criminally, for -a failure of duty herein. - -5. The military shall be subordinate to the civil authority. - -6. Printers shall be liable to legal prosecution for printing and -publishing false facts, injurious to the party prosecuting; but they shall -be under no other restraint. - -7. All pecuniary privileges and exemptions, enjoyed by any description of -persons, are abolished. - -8. All debts already contracted by the King, are hereby made the debts -of the nation; and the faith thereof is pledged for their payment in due -time. - -9. Eighty millions of livres are now granted to the King, to be raised by -loan, and reimbursed by the nation; and the taxes heretofore paid, shall -continue to be paid to the end of the present year, and no longer. - -10. The States General shall now separate, and meet again on the 1st day -of November next. - -Done, on behalf of the whole nation, by the King and their representatives -in the States General, at Versailles, this ---- day of June, 1789. - -Signed by the King, and by every member individually, and in his presence. - - -TO THE MARQUIS DE LA FAYETTE. - - Paris, June 12, 1789. - -My Dear Sir,--As I may not be able to get at you, at Versailles, I write -this to deliver it myself at your door. With respect to the utility, or -inutility of your minority's joining the Commons, I am unable to form an -opinion for myself. I know too little of the subject to see what may be -its consequences. - -I never knew an instance of the English parliament's undertaking to -relieve the poor, by a distribution of bread in time of scarcity. In fact, -the English commerce is so extensive and so active, that though bread may -be a little more or less plenty, there can never be an absolute failure. -This island is so narrow, that corn can be readily carried from the sea -ports to its interior parts. But were an absolute want to happen, and -were the parliament to undertake a distribution of corn, I think, that -according to the principles of their government, they would only vote a -sum of money, and address the King to employ it for the best. The business -is, in its nature, executive, and would require too great a variety of -detail to be managed by an act of parliament. However, I repeat it, that -I never heard or read of an instance of the parliament's interfering to -give bread. If I see you at Versailles to-day, I can be more particular. - -I am with great sincerity, my dear Sir, your affectionate friend and -servant. - - -TO JOHN JAY. - - Paris, June 17, 1789. - -Sir,--I had the honor of addressing you on the 9th and 12th of May, by -the way of London. This goes through the same channel to the care of Mr. -Trumbull. Having received no letter from you of later date than the 25th -of November, I am apprehensive that there may have been miscarriages, -and the more so, as I learn, through another channel, that you have -particularly answered mine of November the 19th. - -The death of the Grand Seignior, which has happened, renders the -continuance of the war more probable, as it has brought to the throne -a successor of a more active and ardent temper, and who means to put -himself at the head of his armies. He has declared the Captain Pacha -his Generalissimo. The prospects for Russia, on the other hand, are -less encouraging. Her principal ally, the Emperor, is at death's door, -blazing up a little indeed, from time to time, like an expiring taper, but -certainly to extinguish soon. Denmark too, is likely to be restrained by -the threats of England and Prussia, from contributing even her stipulated -naval succors. It is some time since I have been able to obtain any -account of the King of England, on which I can rely with confidence. His -melancholy continues, and to such a degree, as to render him absolutely -indifferent to everything that passes, so that he seems willing to let his -ministers do everything they please, provided they will let him alone. -When forced to speak, his comprehension seems better than it was in the -first moments after his phrensy went off. His health is bad; he does not -go into public at all, and very few are admitted to see him. This is his -present state, according to the best accounts I have been able to get -lately. His ministers dictate boldly in the north, because they know it -is impossible they should be engaged in the war, while this country is so -completely palsied. - -You will have seen, by my former letters, that the question, whether the -States General should vote by persons or by orders, had stopped their -proceedings in the very first instances in which it could occur, that -is, as to the verification of their powers, and that they had appointed -committees to try if there were any means of accommodation. These could -do nothing. The King then proposed that they should appoint others, to -meet persons whom he should name, on the same subject. These conferences -also proved ineffectual. He then proposed a specific mode of verifying. -The Clergy accepted it unconditionally. The Noblesse, with such conditions -and modifications, as did away their acceptance altogether. The Commons, -considering this as a refusal, came to the resolution of the 10th instant, -(which I have the honor to send you,) inviting the two other orders -to come and take their places in the common room, and notifying that -they should proceed to the verification of powers, and to the affairs -of the nation, either with or without them. The Clergy have, as yet, -given no answer. A few of their members have accepted the invitation -of the Commons, and have presented themselves in their room, to have -their powers verified; but how many it will detach, in the whole, from -that body, cannot be known till an answer be decided on. The Noblesse -adhered to their former resolutions, and even the minority, well disposed -to the Commons, thought they could do more good in their own chamber, -by endeavoring to increase their numbers and fettering the measures of -the majority, than by joining the Commons. An intrigue was set on foot -between the loaders of the majority in that House, the Queen and Princes. -They persuaded the King to go for some time to Marly; he went. On the -same day, the leaders moved in the chamber of Nobles, that they should -address the King, to declare his own sentiments on the great question -between the orders. It was intended that this address should be delivered -to him at Marly, where, separated from his ministers, and surrounded by -the Queen and Princes, he might be surprised into a declaration for the -Nobles. The motion was lost, however, by a very great majority, that -chamber being not yet quite ripe for throwing themselves into the arms -of despotism. Neckar and Montmorin who had discovered this intrigue, had -warned some of the minority to defeat it, or they could not answer for -what would happen. These two and St. Priest, are the only members of the -Council in favor of the Commons. Luzerne, Puy-Segur and the others, are -high aristocrats. The Commons having verified their powers, a motion was -made the day before yesterday, to declare themselves constituted, and to -proceed to business. I left them at two o'clock yesterday; the debates not -then finished. They differed only about forms of expression, but agreed -in the substance, and probably decided yesterday, or will decide to-day. -Their next move, I fancy, will be to suppress all taxes, and instantly -re-establish them till the end of their session, in order to prevent a -premature dissolution; and then, they will go to work on a declaration -of rights and a constitution. The Noblesse, I suppose, will be employed -altogether in counter operations; the Clergy, that is to say, the higher -Clergy, and such of the Curés as they can bring over to their side, will -be waiting and watching, merely to keep themselves in their saddles. Their -deportment, hitherto, is that of meekness and cunning. The fate of the -nation depends on the conduct of the King and his ministers. Were they to -side openly with the Commons, the revolution would be completed without -a convulsion, by the establishment of a constitution, tolerably free, -and in which the distinction of Noble and Commoner would be suppressed. -But this is scarcely possible. The King is honest, and wishes the good -of his people; but the expediency of an hereditary aristocracy is too -difficult a question for him. On the contrary, his prejudices, his habits -and his connections, decide him in his heart to support it. Should they -decide openly for the Noblesse, the Commons, after suppressing taxes, -and finishing their declaration of rights, would probably go home; -a bankruptcy takes place in the instant. Mr. Neckar must go out, a -resistance to the tax-gatherers follows, and probably a civil war. These -consequences are too evident and violent, to render this issue likely. -Though the Queen and Princes are infatuated enough to hazard it, the party -in the ministry would not. Something, therefore, like what I hinted in my -letter of May the 12th, is still the most likely to take place. While the -Commons, either with or without their friends of the other two Houses, -shall be employed in framing a constitution, perhaps the government may -set the other two Houses to work on the same subject; and when the three -schemes shall be ready, joint committees may be negotiated, to compare -them together, to see in what parts they agree; and probably they will -agree in all, except the organization of the future States General. As to -this, it may be endeavored, by the aid of wheedling and intimidation, to -induce the two privileged chambers to melt themselves into one, and the -Commons, instead of one, to agree to two Houses of legislation. I see no -other middle ground to which they can be brought. - -It is a tremendous cloud, indeed, which hovers over this nation, and he -at the helm has neither the courage nor the skill necessary to weather -it. Eloquence in a high degree, knowledge in matters of account and order, -are distinguishing traits in his character. Ambition is his first passion, -virtue his second. He has not discovered that sublime truth, that a bold, -unequivocal virtue is the best handmaid even to ambition, and would carry -him further, in the end, than the temporising, wavering policy he pursues. -His judgment is not of the first order, scarcely even of the second; his -resolution frail; and, upon the whole, it is rare to meet an instance of -a person so much below the reputation he has obtained. As this character, -by the post and times in which providence has placed it, is important -to be known, I send it to you as drawn by a person of my acquaintance, -who knows him well. He is not, indeed, his friend, and allowance must, -therefore, be made for the high coloring. But this being abated, the -facts and groundwork of the drawing are just. If the Tiers separate, he -goes at the same time; if they stay together, and succeed in establishing -a constitution to their mind, as soon as that is placed in safety, they -will abandon him to the mercy of the court, unless he can recover the -confidence which he has lost at present, and which, indeed, seems to be -irrecoverable. - -The inhabitants of St. Domingo, without the permission of the Government, -have chosen and sent deputies to the States General. The question of -their admission is to be discussed by the States. In the meantime, the -Government had promised them an Assembly in their own island, in the -course of the present year. The death of the Dauphin, so long expected, -has at length happened. Montmorin told Ternant the other day, that de -Moustier had now asked a congé, which would be sent him immediately. So -that unless a change of ministry should happen, he will, probably, be -otherwise disposed of. The gazettes of France and Leyden accompany this. -I have the honor to be, with the most perfect esteem and respect, Sir, -your most obedient humble servant. - -P. S. June 18. The motion under debate with the Commons, for constituting -their Assembly, passed yesterday by a majority of four hundred and odd, -against eighty odd. The latter were for it in substance, but wished some -particular amendment. They proceeded instantly to the subject of taxation. -A member, who called on me this moment, gave me a state of the proceedings -of yesterday, from memory, which I enclose you. He left the House a little -before the question was put, because he saw there was no doubt of its -passing, and his brother, who remained till the decision, informed him of -it. So that we may expect, perhaps, in the course of to-morrow, to see -whether the government will interpose with a bold hand, or will begin a -negotiation. But in the meantime, this letter must go off. I will find -some other opportunity, however, of informing you of the issue. - -[_Character of Mr. Neckar, accompanying the preceding letter._] - -Nature bestowed on Mr. Neckar an ardent passion for glory, without, at the -same time, granting him those qualities required for its pursuit by direct -means. The union of a fruitful imagination, with a limited talent, with -which she has endowed him, is always incompatible with those faculties of -the mind which qualify their possessor to penetrate, to combine, and to -comprehend all the relations of objects. - -He had probably learned in Geneva, his native country, the influence which -riches exercise on the success of ambition, without having recourse to -the school of Paris, where he arrived about the twenty-eighth year of -his age. A personal affair with his brother, in which the chiefs of the -republic conducted themselves unjustly towards him, the circumstances of -which, moreover, exposed him to ridicule, determined him to forsake his -country. On taking his leave, he assured his mother that he would make -a great fortune at Paris. On his arrival, he engaged himself as clerk, -at a salary of six hundred livres, with the banker Thelusson, a man of -extreme harshness in his intercourse with his dependents. The same cause -which obliged other clerks to abandon the service of Thelusson, determined -Neckar to continue in it. By submitting to the brutality of his master -with a servile resignation, whilst, at the same time, he devoted the -most unremitting attention to his business, he recommended himself to his -confidence, and was taken into partnership. Ordinary abilities only, were -requisite to avail him of the multitude of favorable circumstances, which, -before he entered into the administration, built up a fortune of six -millions of livres. He owed much of his good fortune to his connections -with the Abbé Terrai, of whose ignorance he did not scruple to profit. -His riches, his profession, his table, and a virtuous, reasonable and -well-informed wife, procured him the acquaintance of many persons of -distinction, among whom were many men of letters, who celebrated his -knowledge and wisdom. - -The wise and just principles by which Turgot aimed to correct the -abuses of the administration, not having been received with favor, he -seized the occasion to flatter ignorance and malignity, by publishing -his work against the freedom of the corn trade. He had published, two -years before, an eulogy on Colbert. Both these productions exhibited the -limited capacity of a banker, and, in no degree, the enlarged views of a -statesman. Not at all delicate in the choice of his means, he succeeded -to his wish in his object, which was the establishing himself in public -opinion. Elevated by a secret cabal, to the direction of the finances, -he began by refusing the salaries of his office. He affected a spirit -of economy and austerity, which imposed even on foreign nations, and -showed the possibility of making war without laying new taxes. Such, at -least, was his boast; but, in reality, they have been increased under his -administration, about twenty millions, partly by a secret augmentation of -the _bailles_ and of the poll-tax, partly by some versifications of the -_twentieths_, and partly by the natural progression, which is tested by -the amount of taxes on consumption, the necessary result of the successive -increase of population, of riches, and of expensive tastes. - -All these circumstances reared for him an astonishing reputation, which -his fall has consecrated. People will not reflect, that, in the short -period of his ministry, he had more than doubled his fortune. Not that he -had peculated on the public treasury; his good sense and pride forbade -a resort to this manœuvre of weak minds; but by resorting to loans and -the costly operations of the bank, to provide the funds of war, and being -still connected with the house to which he addressed himself for much the -greater part of his negotiations. They have not remarked that his great -principles of economy have nothing more than a false show, and that the -loans resorted to, in order to avoid the imposition of taxes, have been -the source of the mischief which has reduced the finances to their present -alarming condition. - -As to his _compte rendu_; he has been forgiven the nauseous panegyric -which he has passed upon himself, and the affectation of introducing -his wife into it, for the purpose of praising her: and we are spared -the trouble of examining his false calculations. M. de Calonnes has -undertaken this investigation. Without being able to vindicate himself, -he has already begun to unmask his antagonist, and he promises to do it -effectually. - -Necessity has recalled this man to the ministry; and it must be confessed -that he is beyond comparison a less mischievous minister than his -predecessors. I would compare him to a steward, who, by his management, -does not entirely ruin his master, but who enriches himself at his -expense. The desire of glory should inspire him as much as possible with -the energy requisite for the public business. There is every likelihood -that his ministry will not endure long enough to cause it to feel the -effects of his false principles of administration; and it is he alone -who is able, if any one can, to preserve order in the finances, until -the reform is effected which we hope from the assembling of the States -General. In the meantime the public estimation of his talents and virtue -is not so high as it has been. There are persons who pretend that he is -more firmly established in public opinion than he ever was. They deceive -themselves. The ambitious desire he has always manifested of getting again -into the administration, his work on the importance of religious opinions, -and the memoires of M. de Calonnes, have greatly impaired his reputation. - - -TO JAMES MADISON. - - Paris, June 18, 1789. - -Sir,--My last to you was of May the 11th. Yours of March the 29th, came to -hand ten days ago; and about two days ago I received a cover of your hand -writing, under which were a New York paper of May the 4th, and a letter -from Mr. Page to Mazzei. There being no letter from you, makes me hope -there is one on the way, which will inform me of my congé. I have never -received Mr. Jay's answer to my public letter, of November the 19th, which -you mention him to have written, and which I fear has been intercepted. -I know only from you, that my letter got safe to hand. My baggage has -been made up more than a month, so that I shall leave Paris almost in the -instant of receiving the permission. - -The campaign begins under unfavorable auspices for Russia. The death of -the Grand Seignior, who was personally disposed for peace, has brought -a young and ardent successor to the throne, determined to push the war -to extremity. Her only ally, the Emperor, is in _articulo mortis_, and -the Grand Duke of Tuscany, should he succeed, loves peace and money. -Denmark is forbidden by England and Prussia to furnish even its stipulated -maritime aid. There is no appearance of any other power's engaging in the -war. As far as I can discover, the King of England is somewhat better -in his head, but under such a complete depression of spirits, that he -does not care how the world goes, and leaves his ministers to do as they -please. It is impossible for you to conceive how difficult it is to know -the truth relative to him, he is environed in such an atmosphere of lies. -Men who would not speak a falsehood on any other subject, lie on this, -from a principle of duty; so that even eye witnesses cannot be believed -without scanning their principles and connections; and few will stand -this, of the very few permitted to see him. - -Committees of conciliation having failed in their endeavors to bring -together the three chambers of the States General, the King proposed a -specific mode of verifying their powers; for that having been the first -question which presented itself to them, was the one in which the question -of voting by persons or orders was first brought on. The Clergy accepted -unconditionally. The Noblesse accepted on conditions which reduced the -acceptance to nothing at all. The Commons considered this as a refusal on -the part of the Nobles, and thereupon took their definitive resolution, -to invite the other two orders to come and verify their powers in common, -and to notify them they should proceed with or without them to verify, -and to do the business of the nation. This was on the 10th. On the 15th, -they moved to declare themselves the National Assembly. The debates on -this were finished yesterday, when the proposition was agreed to, by four -hundred and odd, against eighty odd. The minority agreed in substance, -but wished some particular amendment. They then immediately made the -proposition relative to taxes, which I enclose you, as this moment stated -to me, by memory, by a member who left the Assembly a little before the -question, because there was no opposition to the matter, but only to the -form. He assures me, on the information of another member who was present, -that Target's motion passed. We shall know, I think, within a day or two, -whether the government will risk a bankruptcy and civil war, rather than -see all distinction of orders done away, which is what the Commons will -push for. If the fear of the former alternative prevails, they will spin -the matter into negotiation. The Commons have in their chamber almost all -the talents of the nation; they are firm and bold, yet moderate. There -is, indeed, among them, a number of very hot-headed members; but those of -most influence are cool, temperate and sagacious. Every step of this House -has been marked with caution and wisdom. The Noblesse, on the contrary, -are absolutely out of their senses. They are so furious, they can seldom -debate at all. They have few men of moderate talents, and not one of -great, in the majority. Their proceedings have been very injudicious. -The Clergy are waiting to profit by every incident to secure themselves, -and have no other object in view. Among the Commons there is an entire -unanimity on the great question of voting by persons. Among the Noblesse -there are about sixty for the Commons, and about three times that number -against them. Among the Clergy, about twenty have already come over and -joined the Commons, and in the course of a few days they will be joined -by many more, not indeed making the majority of that House, but very near -it. The Bishops and Archbishops have been very successful by bribes and -intrigues, in detaching the Curés from the Commons, to whom they were at -first attached to a man. The Commons are about five hundred and fifty-four -in number, of whom three hundred and forty-four are of the law. These -do not possess an influence founded in property; but in their habits of -business and acquaintance with the people, and in their means of exciting -them as they please. The Curés throughout the kingdom, form the mass of -the Clergy; they are the only part favorably known to the people, because -solely charged with the duties of baptism, burial, confession, visitation -of the sick, instruction of the children, and aiding the poor; they are -themselves of the people, and united with them. The carriages and equipage -only of the higher Clergy, not their persons, are known to the people, and -are in detestation with them. The soldiers will follow their officers, -that is to say, their captains, lieutenants and ensigns. These are of -the lower nobility, and therefore much divided. The colonels and higher -officers are of the higher nobility, are seldom with the soldiers, little -known to them, not possessing their attachment. These circumstances give -them little weight in the partition of the army. - -I give you these miscellaneous observations, that knowing somewhat the -dispositions of the parties, you may be able to judge of the future for -yourself, as I shall not be here to continue its communication to you. - -In hopes to see you soon, I conclude with assurances of the perfect esteem -and respect with which I am, dear Sir, your friend and servant. - - -TO JOHN JAY. - - Paris, June 24, 1789. - -Sir,--My letter of the 17th and 18th instant, gave you the progress of the -States General to the 17th, when the Tiers had declared the illegality -of all the existing taxes, and their discontinuance from the end of -their present session. The next day being a jour de fête, could furnish -no indication of the impression that vote was likely to make on the -government. On the 19th, a Council was held at Marly, in the afternoon. -It was there proposed, that the King should interpose by a declaration -of his sentiments in a _seance royale_. The declaration prepared by -Mr. Neckar, while it censured in general the proceedings both of the -Nobles and Commons, announced the King's views, such as substantially to -coincide with the Commons. It was agreed to in Council, as also that the -_seance royale_ should be held on the 22d, and the meetings till then be -suspended. While the Council was engaged in this deliberation at Marly, -the chamber of the Clergy was in debate, whether they should accept the -invitation of the Tiers to unite with them in the common chamber. On the -first question, to unite simply and unconditionally, it was decided in -the negative by a very small majority. As it was known, however, that -some members who had voted in the negative, would be for the affirmative -with some modifications, the question was put with these modifications, -and it was determined by a majority of eleven members, that their body -should join the Tiers. These proceedings of the clergy were unknown to -the Council at Marly, and those of the Council were kept secret from -everybody. The next morning (the 20th), the members repaired to the -House as usual, found the doors shut and guarded, and a proclamation -posted up for holding a _seance royale_ on the 22d, and a suspension -of their meetings till then. They presumed, in the first moment, that -their dissolution was decided, and repaired to another place, where they -proceeded to business. They there bound themselves to each other by an -oath, never to separate of their own accord, till they had settled a -constitution for the nation on a solid basis, and if separated by force, -that they would re-assemble in some other place. It was intimated to them, -however, that day, privately, that the proceedings of the _seance royale_ -would be favorable to them. The next day they met in a church, and were -joined by a majority of the Clergy. The heads of the aristocracy saw that -all was lost without some violent exertion. The King was still at Marly. -Nobody was permitted to approach him but their friends. He was assailed -by lies in all shapes. He was made to believe that the Commons were going -to absolve the army from their oath of fidelity to him, and to raise their -pay. - - * * * * * - -They procured a committee to be held, consisting of the King and his -ministers, to which Monsieur and the Count d'Artois should be admitted. At -this committee, the latter attacked Mr. Neckar personally, arraigned his -plans, and proposed one which some of his engines had put into his hands. -Mr. Neckar, whose characteristic is the want of firmness, was browbeaten -and intimidated, and the King shaken. He determined that the two plans -should be deliberated on the next day, and the _seance royale_ put off a -day longer. This encouraged a fiercer attack on Mr. Neckar the next day; -his plan was totally dislocated, and that of the Count d'Artois inserted -into it. Himself and Monsieur de Montmorin offered their resignation, -which was refused; the Count d'Artois saying to Mr. Neckar, "No, Sir, -you must be kept as the hostage; we hold you responsible for all the ill -which shall happen." This change of plan was immediately whispered without -doors. The nobility were in triumph, the people in consternation. When -the King passed the next day through the lane they formed from the Chateau -to the Hotel des Etats (about half a mile), there was a dead silence. He -was about an hour in the House, delivering his speech and declaration, -copies of which I enclose you. On his coming out, a feeble cry of "_vive -le roy_" was raised by some children, but the people remained silent and -sullen. When the Duke d'Orleans followed, however, their applauses were -excessive. This must have been sensible to the King. He had ordered, in -the close of his speech, that the members should follow him, and resume -their deliberations the next day. The Noblesse followed him, and so did -the Clergy, except about thirty, who, with the Tiers, remained in the -room, and entered into deliberation. They protested against what the -King had done, adhered to all their former proceedings, and resolved -the inviolability of their own persons. An officer came twice to order -them out of the room, in the King's name, but they refused to obey. In -the afternoon, the people, uneasy, began to assemble in great numbers in -the courts and vicinities of the palace. The Queen was alarmed, and sent -for Mr. Neckar. He was conducted amidst the shouts and acclamations of -the multitude, who filled all the apartments of the palace. He was a few -minutes only with the Queen, and about three-quarters of an hour with -the King. Not a word has transpired of what passed at these interviews. -The King was just going to ride out. He passed through the crowd to his -carriage, and into it, without being in the least noticed. As Mr. Neckar -followed him, universal acclamations were raised of "Vive Monsieur Neckar, -vive la sauveur de la France opprimée." He was conducted back to his -house with the same demonstrations of affection and anxiety. About two -hundred deputies of the Tiers, catching the enthusiasm of the moment, went -to his house, and extorted from him a promise that he would not resign. -These circumstances must wound the heart of the King, desirous as he is, -to possess the affections of his subjects. As soon as the proceedings at -Versailles were known at Paris, a run began on the _caisse d'escompte_, -which is the first symptom always of the public diffidence and alarm. It -is the less in condition to meet the run, as Mr. Neckar has been forced -to make free with its funds, for the daily support of the government. This -is the state of things, as late as I am able to give them with certainty, -at this moment. My letter not being to go off till to-morrow evening, I -shall go to Versailles to-morrow, and be able to add the transactions of -this day and to-morrow. - -June 25. Just returned from Versailles, I am enabled to continue my -narration. On the 24th, nothing remarkable passed, except an attack by -the mob of Versailles on the Archbishop of Paris, who had been one of the -instigators of the court, to the proceedings of the _seance royale_. They -threw mud and stones at his carriage, broke the windows of it, and he in -a fright promised to join the Tiers. - -This day (the 25th) forty-eight of the Nobles have joined the Tiers. Among -these, is the Duke d'Orleans. The Marquis de La Fayette could not be of -the number, being restrained by his instructions. He is writing to his -constituents, to change his instructions or to accept his resignation. -There are with the Tiers now, one hundred and sixty-four members of the -Clergy, so that the common chamber consists of upwards of eight hundred -members. The minority of the Clergy, however, call themselves the chamber -of the Clergy, and pretend to go on with business. I found the streets of -Versailles much embarrassed with soldiers. There was a body of about one -hundred horse drawn up in front of the Hotel of the States, and all the -avenues and doors guarded by soldiers. Nobody was permitted to enter but -the members, and this was by order of the King; for till now, the doors -of the common room have been open, and at least two thousand spectators -attending their debates constantly. They have named a deputation to -wait on the King, and desire a removal of the soldiery from their doors, -and seem determined, if this is not complied with, to remove themselves -elsewhere. - -Instead of being dismayed with what has passed, they seem to rise in -their demands, and some of them to consider the erasing every vestige of a -difference of order as indispensable to the establishment and preservation -of a good constitution. I apprehend there is more courage than calculation -in this project. I did imagine, that seeing that Mr. Neckar and themselves -were involved as common enemies in the hatred of the aristocrats, they -would have been willing to make common cause with him, and to wish his -continuance in office; and that Mr. Neckar, seeing that all the trimming -he has used towards the court, and Nobles, has availed him nothing, would -engage himself heartily and solely on the popular side, and view his own -salvation in that alone. The confidence which the people place in him, -seems to merit some attention. However, the mass of the common chamber -are absolutely indifferent to his remaining in office. They consider his -head as unequal to the planning a good constitution, and his fortitude to -a co-operation in the effecting it. His dismission is more credited to-day -than it was yesterday. If it takes place, he will retain his popularity -with the nation, as the members of the States will not think it important -to set themselves against it, but on the contrary, will be willing that he -should continue on their side, on his retirement. The run on the _caisse -d'escompte_ continues. The members of the States admit, that Mr. Neckar's -departure out of office will occasion a stoppage of public payments. -But they expect to prevent any very ill effect, by assuring the public -against any loss, and by taking immediate measures for continuing payment. -They may, perhaps, connect these measures with their own existence, so -as to interest the public in whatever catastrophe may be aimed at them. -The gazettes of France and Leyden accompany this. During the continuance -of this crisis and my own stay, I shall avail myself of every private -conveyance to keep you informed of what passes. I have the honor to be, -with the most perfect esteem and respect, Sir, your most obedient, and -most humble servant. - - -TO JOHN JAY. - - Paris, June 29, 1789. - -Sir,--My letter of the 25th gave you the transactions of the States -General to the afternoon of that day. On the next, the Archbishop of -Paris joined the Tiers, as did some others of the Clergy and Noblesse. On -the 27th, the question of the St. Domingo deputation came on, and it was -decided that it should be received. I have before mentioned to you the -ferment into which the proceedings at the _seance royale_ of the 23d, had -thrown the people. The soldiery also were affected by it. It began in the -French guards, extended to those of every other denomination, (except the -Swiss) and even to the body guards of the King. They began to quit their -barracks, to assemble in squads, to declare they would defend the life of -the King, but would not cut the throats of their fellow-citizens. They -were treated and caressed by the people, carried in triumph through the -streets, called themselves the soldiers of the nation, and left no doubt -on which side they would be, in case of a rupture. Similar accounts came -in from the troops in other parts of the kingdom, as well those which -had not heard of the _seance royale_, as those which had, and gave good -reason to apprehend that the soldiery, in general, would side with their -fathers and brothers, rather than with their officers. The operation of -this medicine, at Versailles, was as sudden as it was powerful. The alarm -there was so complete, that in the afternoon of the 27th, the King wrote -a letter to the President of the Clergy, the Cardinal de La Rochefoucault, -in these words:[1] - -"My Cousin,--Wholly engaged in promoting the general good of my kingdom, -and desirous, above all things, that the Assembly of the States General -should apply themselves to objects of general interest, after the -voluntary acceptance by your order of my declaration of the 23d of the -present month; I pass my word that my faithful Clergy will, without delay, -unite themselves with the other two orders, to hasten the accomplishment -of my paternal views. Those, whose powers are too limited, may decline -voting until new powers are procured. This will be a new mark of -attachment which my Clergy will give me. I pray God, my Cousin, to have -you in his holy keeping. - - Louis." - -A like letter was written to the Duke de Luxemburgh, President of the -Noblesse. The two chambers entered into debate on the question, whether -they should obey the letter of the King. There was a considerable -opposition; when notes written by the Count d'Artois to sundry members, -and handed about among the rest, decided the matter, and they went in a -body and took their seats with the Tiers, and thus rendered the union -of the orders in one chamber complete. As soon as this was known to -the people of Versailles, they assembled about the palace, demanded the -King and Queen, who came and showed themselves in a balcony. They rent -the skies with cries of "_vive le roy_," "_vive la reine_." They called -for the Dauphin, who was also produced, and was the subject of new -acclamations. After feasting themselves and the royal family with this -tumultuary reconciliation, they went to the house of Mr. Neckar and M. de -Montmorin, with shouts of thankfulness and affection. Similar emotions of -joy took place in Paris, and at this moment, the triumph of the Tiers is -considered as complete. To-morrow they will recommence business, voting -by persons on all questions; and whatever difficulties may be opposed in -debate by the malcontents of the Clergy and Nobility, everything must -be finally settled at the will of the Tiers. It remains to see whether -they will leave to the Nobility anything but their titulary appellations. -I suppose they will not. Mr. Neckar will probably remain in office. It -would seem natural that he should endeavor to have the hostile part of -the Council removed, but I question if he finds himself firm enough for -that. A perfect co-operation with the Tiers will be his wisest game. This -great crisis being now over, I shall not have matter interesting enough -to trouble you with, as often as I have done lately. There has nothing -remarkable taken place in any other part of Europe. I have the honor to -be, with the most perfect esteem and respect, Sir, your most obedient, -and most humble servant. - - -FOOTNOTE: - - [1] [A translation is here given.] - - -TO THE MARQUIS DE LA FAYETTE. - - Paris, July 6, 1789. - -Dear Sir,--I never made an offer to anybody, to have corn or flour brought -here, from America; no such idea ever entered my head. Mr. Neckar desired -me to give information in America, that there would be a want of flour. -I did so in a letter to Mr. Jay, which he published with my name to -it, for the encouragement of the merchants. Those here, who have named -me on this subject, must have mistaken me for Mr. Parker. I have heard -him say, he offered Mr. Neckar to bring a large supply, yet I do not -think I ever repeated this; or if I did, it must have been in a company -I relied on. I will thank you to satisfy Mr. Neckar of the truth. It -would be disagreeable, and perhaps mischievous, were he to have an idea -that I encouraged censures on him. I will bring you the paper you desire -to-morrow; and shall dine at the Dutchess Danville's, where I shall be -happy to meet you. Adieu. Yours affectionately. - - -TO THE MARQUIS DE LA FAYETTE. - - Paris, July 7, 1789. - -Dear Sir,--Your letter of yesterday gave me the first information that -Monsieur de Mirabeau had suggested to the honorable the Assembly of the -Nation, that I had made an offer to Mr. Neckar, to obtain from America a -quantity of corn or flour, which had been refused. I know not how Monsieur -de Mirabeau has been led into this error. I never in my life made any -proposition to Mr. Neckar on the subject; I never said I had made such a -proposition. Some time last autumn, Mr. Neckar did me the honor to desire -I would have notified in the United States, that corn and flour would meet -with a good sale in France. I conveyed this notice, in a letter to Mr. -Jay, Secretary for Foreign Affairs, as you will see by the extract of my -letter published by him in an American gazette, which I have the honor to -send you. I must beg leave to avail myself of your friendship and of your -position, to have a communication of these facts made to the honorable -Assembly of the Nation, of which you are a member, and to repeat to you -those sentiments of respect and attachment, with which I have the honor -to be, my dear Sir, your most obedient, and most humble servant. - - -TO MR. NECKAR. - - Paris, July 8, 1789. - -Sir,--I have the honor to enclose you a copy of my letter to Monsieur -de La Fayette. When I called on him yesterday, he had already spoken to -Monsieur de Mirabeau, who acknowledged he had been in an error in what he -had advanced in the Assembly of the Nation, as to the proposition supposed -to have been made by me to your Excellency, and undertook to declare his -error, when the subject should be resumed by the Assembly, to whom my -letter to the Marquis de La Fayette will be also read. - -I have thought it a duty, Sir, thus to correct in the first moment, -an error, by which your name had been compromitted by an unfounded use -of mine, and shall be happy in every occasion of proving to you those -sentiments of profound respect and attachment with which I have the honor -to be, your Excellency's most obedient, and most humble servant. - - -TO THE COUNT DE MONTMORIN. - - Paris, July 8, 1789. - -Sir,--My hotel having been lately robbed for the third time, I take the -liberty of uniting my wish with that of the inhabitants of this quarter, -that it might coincide with the arrangements of police, to extend to us -the protection of a guard. While the Douane remained here, no accident -of that kind happened, but since their removal, other houses in the -neighborhood have been robbed, as well as mine. Perhaps it may lessen the -difficulties of this request, that the house occupied by the people of -the Douane, will lodge abundantly a _corps de garde_. On the one side of -that house is Chaillot, on the other the Roule, on the third the Champs -Elysées, where accidents are said to happen very frequently, all of which -are very distant from any _corps de garde_. - -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 THE MARQUIS DE LA FAYETTE. - - Paris, July 9, 1789. - -Dear Sir,--Having been curious to form some estimate of the quantity of -corn and flour, which have been supplied to France this year, I applied to -a person in the Farms, to know upon what quantities the premium had been -paid. He could not give me information, but as to the _Atlantic_ ports, -into which there have been imported from the United States, from March -to May inclusive, forty-four thousand one hundred and sixteen quintals -of corn, twelve thousand two hundred and twenty-one quintals of flour, -making fifty-six thousand three hundred and thirty-seven quintals, in -the whole. Add to this, what has been imported since May, suppose nearly -twenty thousand quintals a month, and what has been furnished to the -French islands, which has prevented an equal quantity being exported from -France, and you will have the proportion drawn from us. Observe, that we -have regular and constant markets for corn and flour, in Spain, Portugal, -and all the West India islands, except the French. These take nearly our -whole quantity. This year, France, the French West Indies and Canada were -added. But a regular course of trade is not quitted in an instant, nor -constant customers deserted for accidental ones. This is the reason that -so small a proportion has come here. I am, dear Sir, with great sincerity, -your affectionate friend and servant. - - -TO THE MARQUIS DE LA FAYETTE. - - Paris, July 10, 1789. - -Dear Sir,--The acknowledgment by Monsieur de Mirabeau to the National -Assembly, that he had been in an error as to the offer he supposed me -to have made, and the reading to them my letter, seem to be all that was -requisite for any just purpose. As I was unwilling my name should be used -to injure the minister, I am also unwilling it should be used to injure -Monsieur de Mirabeau. I learn that his enemies in Paris are framing -scandalous versions of my letter. I think, therefore, with you, it may be -better to print it, and I send you a copy of it. I gave copies of it to -Monsieur de Montmorin and Monsieur Neckar, as was my duty. - -I am, with sincere affection, my dear Sir, your friend and servant. - - -TO THOMAS PAINE. - - Paris, July 11, 1789. - -Dear Sir,--Since my last, which was of May the 19th, I have received yours -of June the 17th and 18th. I am struck with the idea of the geometrical -wheelbarrow, and will beg of you a farther account, if it can be obtained. -I have no news yet of my congé. - -Though you have doubtless heard most of the proceedings of the States -General since my last, I will take up the narration where that left it, -that you may be able to separate the true from the false accounts you have -heard. A good part of what was conjecture in that letter, is now become -true history. - - * * * * * - -The _National Assembly_ then (for that is the name they take), having -shown through every stage of these transactions a coolness, wisdom, and -resolution to set fire to the four corners of the kingdom and to perish -with it themselves, rather than to relinquish an iota from their plan of a -total change of government, are now in complete and undisputed possession -of the sovereignty. The executive and aristocracy are at their feet; the -mass of the nation, the mass of the clergy, and the army are with them; -they have prostrated the old government, and are now beginning to build -one from the foundation. A committee, charged with the arrangement of -their business, gave in, two days ago, the following order of proceedings. - -"1. Every government should have for its only end, the preservation of the -rights of man; whence it follows, that to recall constantly the government -to the end proposed, the constitution should begin by a declaration of -the natural and imprescriptible rights of man. - -"2. Monarchical government being proper to maintain those rights, it has -been chosen by the French nation. It suits especially a great society; -it is necessary for the happiness of France. The declaration of the -principles of this government, then, should follow immediately the -declaration of the rights of man. - -"3. It results from the principles of monarchy, that the nation, to -assure its own rights, has yielded particular rights to the monarch; the -constitution, then, should declare, in a precise manner, the rights of -both. It should begin by declaring the rights of the French nation, and -then it should declare the rights of the King. - -"4. The rights of the King and nation not existing but for the happiness -of the individuals who compose it, they lead to an examination of the -rights of citizens. - -"5. The French nation not being capable of assembling individually, to -exercise all its rights, it ought to be represented. It is necessary, -then, to declare the form of its representation and the rights of its -representatives. - -"6. From the union of the powers of the nation and King should result -the enacting and execution of the laws; thus, then it should first -be determined how the laws shall be established afterwards should be -considered, how they shall be executed. - -"7. Laws have for their object the general administration of the kingdom, -the property and the actions of the citizens. The execution of the laws -which concern the general administration requires Provincial and Municipal -Assemblies. It is necessary to examine, therefore, what should be the -organization of the Provincial Assemblies, and what of the Municipal. - -"8. The execution of the laws which concern the property and actions of -the citizens, call for the judiciary power. It should be determined how -that should be confided, and then its duties and limits. - -"9. For the execution of the laws and the defence of the kingdom, there -exists a public force. It is necessary, then, to determine the principles -which should direct it, and how it should be employed. - -"_Recapitulation._ - -"Declaration of the rights of man. Principles of the monarchy. Rights of -the nation. Rights of the King. Rights of the citizens. - -"Organization and rights of the National Assembly. Forms necessary for -the enaction of laws. Organization and functions of the Provincial and -Municipal Assemblies. Duties and limits of the judiciary power. Functions -and duties of the military power." - -You see that these are the materials of a superb edifice, and the hands -which have prepared them, are perfectly capable of putting them together, -and of filling up the work of which these are only the outlines. While -there are some men among them of very superior abilities, the mass possess -such a degree of good sense, as enables them to decide well. I have always -been afraid their numbers might lead to confusion. Twelve hundred men -in one room are too many. I have still that fear. Another apprehension -is, that a majority cannot be induced to adopt the trial by jury; and -I consider that as the only anchor ever yet imagined by man, by which a -government can be held to the principles of its constitution. Mr. Paradise -is the bearer of this letter. He can supply those details which it would -be too tedious to write. - -I am, with great esteem, dear Sir, your friend and servant. - - -TO MR. MASON. - - Paris, July 16, 1789. - -Sir,--I am honored with your favor of the 11th, and sincerely thank you -for the offer of your ship, which I would certainly have embraced, had I -been at liberty to go. But I have not yet received permission, and must -await that. I beg you to remember me in the most friendly terms to your -father. I have put off answering his letter because I expected constantly -to make my voyage to America and to see him at his own house. - -Great events have taken place here within these few days. The change of -the ministry and the tumult of Paris consequent on that, you will have -heard of. Yesterday the King went without any cortege but his two brothers -to the States General, and spoke to them in very honest and conciliatory -terms; such as in my opinion amounts to a surrender at discretion. The -temper of the city is too much heated at present to view them in that -light, and therefore they keep on the watch, and go on in organizing their -armed Bourgeoise. But I have not a single doubt of the sincerity of the -King, and there will not be another disagreeable act from him. He has -promised to send away the troops. - -I am with great esteem, Sir, your most obedient, and most humble servant. - - -TO JOHN JAY. - - Paris, July 19, 1789. - -Dear Sir,--I am become very uneasy, lest you should have adopted some -channel for the conveyance of your letters to me, which is unfaithful. -I have none from you of later date than November the 25th, 1788, and -of consequence, no acknowledgment of the receipt of any of mine, since -that of August the 11th, 1788. Since that period, I have written to you -of the following dates. 1788. August the 20th, September the 3d, 5th, -24th, November the 14th, 19th, 29th. 1789. January the 11th, 14th, 21st, -February the 4th, March the 1st, 12th, 14th, 15th, May the 9th, 11th, -12th, June the 17th, 24th, 29th. I know, through another person, that -you have received mine of November the 29th, and that you have written -an answer; but I have never received the answer, and it is this which -suggests to me the fear of some general source of miscarriage. - -The capture of three French merchant ships by the Algerines, under -different pretexts, has produced great sensation in the seaports of this -country, and some in its government. They have ordered some frigates -to be armed at Toulon to punish them. There is a possibility that this -circumstance, if not too soon set to rights by the Algerines, may furnish -occasion to the States General, when they shall have leisure to attend to -matters of this kind, to disavow any future tributary treaty with them. -These pirates respect still less their treaty with Spain, and treat the -Spaniards with an insolence greater than was usual before the treaty. - -The scarcity of bread begins to lessen in the southern parts of France, -where the harvest has commenced. Here it is still threatening, because -we have yet three weeks to the beginning of harvest, and I think there -has not been three days' provision beforehand in Paris, for two or three -weeks past. Monsieur de Mirabeau, who is very hostile to Mr. Neckar, -wished to find a ground for censuring him, in a proposition to have -a great quantity of flour furnished from the United States, which he -supposed me to have made to Mr. Neckar, and to have been refused by him; -and he asked time of the States General to furnish proofs. The Marquis -de La Fayette immediately gave me notice of this matter, and I wrote him -a letter to disavow having ever made any such proposition to Mr. Neckar, -which I desired him to communicate to the States. I waited immediately on -Mr. Neckar and Monsieur de Montmorin, satisfied them that what had been -suggested was absolutely without foundation from me; and indeed they had -not needed this testimony. I gave them copies of my letter to the Marquis -de La Fayette, which was afterwards printed. The Marquis, on the receipt -of my letter, showed it to Mirabeau, who turned then to a paper from which -he had drawn his information, and found he had totally mistaken it. He -promised immediately that he would himself declare his error to the States -General, and read to them my letter, which he did. I state this matter to -you, though of little consequence in itself, because it might go to you -misstated in the English papers. - -Our supplies to the Atlantic ports of France, during the months of March, -April and May, were only twelve thousand two hundred and twenty quintals, -thirty-three pounds of flour, and forty-four thousand one hundred and -fifteen quintals, forty pounds of wheat, in twenty-one vessels. - -My letter of the 29th of June, brought down the proceedings of the -States and government to the re-union of the orders, which took place -on the 27th. Within the Assembly, matters went on well. But it was soon -observed, that troops, and particularly the foreign troops, were on their -march towards Paris from various quarters, and that this was against -the opinion of Mr. Neckar. The King was probably advised to this, under -pretext of preserving peace in Paris and Versailles, and saw nothing else -in the measure. That his advisers are supposed to have had in view, when -he should be secured and inspirited by the presence of the troops, to -take advantage of some favorable moment, and surprise him into an act of -authority for establishing the declaration of the 23d of June, and perhaps -dispersing the States General, is probable. The Marshal de Broglio was -appointed to command all the troops within the isle of France, a high -flying aristocrat, cool and capable of everything. Some of the French -guards were soon arrested under other pretexts, but in reality, on account -of their dispositions in favor of the national cause. The people of Paris -forced the prison, released them, and sent a deputation to the States -General, to solicit a pardon. The States, by a most moderate and prudent -Arreté, recommended these prisoners to the King, and peace to the people -of Paris. Addresses came in to them from several of the great cities, -expressing sincere allegiance to the King, but a determined resolution -to support the States General. On the 8th of July, they voted an address -to the King to remove the troops. This[2] piece of masculine eloquence, -written by Monsieur de Mirabeau, is worth attention on account of the bold -matter it expresses and discovers through the whole. The King refused to -remove the troops, and said they might remove themselves, if they pleased, -to Noyons or Soissons. They proceeded to fix the order in which they will -take up the several branches of their future constitution, from which it -appears, they mean to build it from the bottom, confining themselves to -nothing in their ancient form, but a King. A declaration of rights, which -forms the first chapter of their work, was then proposed by the Marquis de -La Fayette. This was on the 11th. In the meantime, troops, to the number -of about twenty-five or thirty thousand, had arrived, and were posted in -and between Paris and Versailles. The bridges and passes were guarded. At -three o'clock in the afternoon, the Count de La Luzerne was sent to notify -Mr. Neckar of his dismission, and to enjoin him to retire instantly, -without saying a word of it to anybody. He went home, dined, proposed -to his wife a visit to a friend, but went in fact to his country-house -at St. Ouen, and at midnight, set out from thence, as is supposed, for -Brussels. This was not known till the next day, when the whole ministry -was changed, except Villedeuil, of the domestic department, and Barentin, -Garde des Sceaux. These changes were as follows: the Baron de Breteuil, -President of the Council of Finance; and de La Galaisiere, Comptroller -General in the room of Mr. Neckar; the Marshal de Broglio, minister -of war, and Foulon under him, in the room of Puy-Segur; Monsieur de La -Vauguyon, minister of foreign affairs, instead of Monsieur de Montmorin; -de La Porte, minister of marine, in place of the Count de La Luzerne; -St. Priest was also removed from the Council. It is to be observed, that -Luzerne and Puy-Segur had been strongly of the aristocratical party in -Council; but they were not considered as equal to bear their shares in -the work now to be done. For this change, however sudden it may have been -in the mind of the King, was, in that of his advisers, only one chapter -of a great plan, of which the bringing together the foreign troops had -been the first. He was now completely in the hands of men, the principal -among whom, had been noted through their lives, for the Turkish despotism -of their characters, and who were associated about the King, as proper -instruments for what was to be executed. The news of this change began to -be known in Paris about one or two o'clock. In the afternoon, a body of -about one hundred German cavalry were advanced and drawn up in the Place -Louis XV. and about two hundred Swiss posted at a little distance in their -rear. This drew the people to that spot, who naturally formed themselves -in front of the troops, at first merely to look at them. But as their -numbers increased, their indignation arose; they retired a few steps, -posted themselves on and behind large piles of loose stone, collected -in that place for a bridge adjacent to it, and attacked the horse with -stones. The horse charged, but the advantageous position of the people, -and the showers of stones, obliged them to retire, and even to quit the -field altogether, leaving one of their number on the ground. The Swiss in -their rear were observed never to stir. This was the signal for universal -insurrection, and this body of cavalry, to avoid being massacred, retired -towards Versailles. The people now armed themselves with such weapons as -they could find in armorers' shops and private houses, and with bludgeons, -and were roaming all night through all parts of the city, without any -decided practicable object. The next day, the States pressed on the King -to send away the troops, to permit the Bourgeoise of Paris to arm for -the preservation of order in the city, and offered to send a deputation -from their body to tranquillize them. He refused all their propositions. -A committee of magistrates and electors of the city were appointed by -their bodies, to take upon them its government. The mob, now openly joined -by the French guards, forced the prison of St. Lazare, released all the -prisoners, and took a great store of corn, which they carried to the corn -market. Here they got some arms, and the French guards began to form -and train them. The committee determined to raise forty-eight thousand -Bourgeoise, or rather to restrain their numbers to forty-eight thousand. -On the 14th, they sent one of their members (Monsieur de Corny, whom -we knew in America) to the Hotel des Invalides, to ask arms for their -Garde Bourgeoise. He was followed by, or he found there, a great mob. The -Governor of the Invalides came out, and represented the impossibility of -his delivering arms, without the orders of those from whom he received -them. De Corny advised the people then to retire, and retired himself; -and the people took possession of the arms. It was remarkable, that not -only the Invalides themselves made no opposition, but that a body of -five thousand foreign troops, encamped within four hundred yards, never -stirred. Monsieur de Corny and five others were then sent to ask arms of -Monsieur de Launai, Governor of the Bastile. They found a great collection -of people already before the place, and they immediately planted a flag -of truce, which was answered by a like flag hoisted on the parapet. -The deputation prevailed on the people to fall back a little, advanced -themselves to make their demand of the Governor, and in that instant a -discharge from the Bastile killed four people of those nearest to the -deputies. The deputies retired; the people rushed against the place, and -almost in an instant were in possession of a fortification, defended by -one hundred men, of infinite strength, which in other times had stood -several regular sieges, and had never been taken. How they got in, has, -as yet, been impossible to discover. Those who pretend to have been of -the party tell so many different stories, as to destroy the credit of -them all. They took all the arms, discharged the prisoners, and such -of the garrison as were not killed in the first moment of fury, carried -the Governor and Lieutenant Governor to the Gréve, (the place of public -execution,) cut off their heads, and sent them through the city in triumph -to the Palais Royal. About the same instant, a treacherous correspondence -having been discovered in Monsieur de Flesselles, Prevost des Marchands, -they seized him in the Hotel de Ville, where he was in the exercise of -his office, and cut off his head. These events, carried imperfectly to -Versailles, were the subject of two successive deputations from the States -to the King, to both of which he gave dry and hard answers; for it has -transpired, that it had been proposed and agitated in Council, to seize -on the principal members of the States General, to march the whole army -down upon Paris, and to suppress its tumults by the sword. But at night, -the Duke de Liancourt forced his way into the King's bed chamber, and -obliged him to hear a full and animated detail of the disasters of the day -in Paris. He went to bed deeply impressed. The decapitation of de Launai -worked powerfully through the night on the whole aristocratical party, -insomuch, that in the morning, those of the greatest influence on the -Count d'Artois, represented to him the absolute necessity that the King -should give up everything to the States. This according well enough with -the dispositions of the King, he went about eleven o'clock, accompanied -only by his brothers, to the States General, and there read to them a -speech, in which he asked their interposition to re-establish order. -Though this be couched in terms of some caution, yet the manner in which -it was delivered, made it evident that it was meant as a surrender at -discretion. He returned to the chateau a foot, accompanied by the States. -They sent off a deputation, the Marquis de La Fayette at their head, to -quiet Paris. He had, the same morning, been named Commandant-in-Chief -of the Milice Bourgeoise, and Monsieur Bailly, former President of the -States General, was called for as Prevost des Marchands. The demolition -of the Bastile was now ordered, and begun. A body of the Swiss guards of -the regiment of Ventimille, and the city horse guards, joined the people. -The alarm at Versailles increased instead of abating. They believed that -the aristocrats of Paris were under pillage and carnage, that one hundred -and fifty thousand men were in arms, coming to Versailles to massacre the -royal family, the court, the ministers, and all connected with them, their -practices and principles. The aristocrats of the Nobles and Clergy in -the States General, vied with each other in declaring how sincerely they -were converted to the justice of voting by persons, and how determined to -go with the nation all its lengths. The foreign troops were ordered off -instantly. Every minister resigned. The King confirmed Bailly as Prevost -des Marchands, wrote to Mr. Neckar to recall him, sent his letter open -to the States General, to be forwarded by them, and invited them to go -with him to Paris the next day, to satisfy the city of his dispositions; -and that night and the next morning, the Count d'Artois and Monsieur -de Montisson (a deputy connected with him) Madame de Polignac, Madame -de Guiche, and the Count de Vaudreuil, favorites of the Queen, the Abbé -de Vermont, her confessor, the Prince of Condé and Duke de Bourbon, all -fled; we know not whither. The King came to Paris, leaving the Queen -in consternation for his return. Omitting the less important figures -of the procession, I will only observe, that the King's carriage was in -the centre, on each side of it the States General, in two ranks, a foot, -and at their head the Marquis de La Fayette, as Commander-in-Chief, on -horseback, and Bourgeoise guards before and behind. About sixty thousand -citizens of all forms and colors, armed with the muskets of the Bastile -and Invalides, as far as they would go, the rest with pistols, swords, -pikes, pruning hooks, scythes, &c., lined all the streets through which -the procession passed, and, with the crowds of people in the streets, -doors and windows, saluted them everywhere with cries of "_vive la -nation_;" but not a single "_vive le roy_" was heard. The King stopped -at the Hotel de Ville. There Monsieur Bailly presented and put into his -hat the popular cockade, and addressed him. The King being unprepared -and unable to answer, Bailly went to him, gathered from him some scraps -of sentences, and made out an answer, which he delivered to the audience -as from the King. On their return, the popular cries were "_vive le roy -et la nation_." He was conducted by a Garde Bourgeoise to his palace at -Versailles, and thus concluded such an _amende honorable_, as no sovereign -ever made, and no people ever received. Letters written with his own -hand to the Marquis de La Fayette, remove the scruples of his position. -Tranquillity is now restored to the capital: the shops are again opened; -the people resuming their labors, and if the want of bread does not -disturb our peace, we may hope a continuance of it. The demolition of the -Bastile is going on, and the Milice Bourgeoise organizing and training. -The ancient police of the city is abolished by the authority of the -people, the introduction of the King's troops will probably be proscribed, -and a watch or city guards substituted, which shall depend on the city -alone. But we cannot suppose this paroxysm confined to Paris alone. The -whole country must pass successively through it, and happy if they get -through it as soon and as well as Paris has done. - -I went yesterday to Versailles, to satisfy myself what had passed -there; for nothing can be believed but what one sees, or has from an -eye witness. They believe there still, that three thousand people have -fallen victims to the tumults of Paris. Mr. Short and myself have been -every day among them, in order to be sure what was passing. We cannot -find, with certainty, that anybody has been killed but the three before -mentioned, and those who fell in the assault or defence of the Bastile. -How many of the garrison were killed, nobody pretends to have ever heard. -Of the assailants, accounts vary from six to six hundred. The most general -belief is, that there fell about thirty. There have been many reports -of instantaneous executions by the mob, on such of their body as they -caught in acts of theft or robbery. Some of these may perhaps be true. -There was a severity of honesty observed, of which no example has been -known. Bags of money offered on various occasions through fear or guilt, -have been uniformly refused by the mobs. The churches are now occupied in -singing "_De profundis_" and "_Requiems_" "for the repose of the souls -of the brave and valiant citizens who have sealed with their blood the -liberty of the nation." Monsieur de Montmorin is this day replaced in the -department of foreign affairs, and Monsieur de St. Priest is named to the -home department. The gazettes of France and Leyden accompany this. I send, -also, a paper (called the Point du Jour), which will give you some idea of -the proceedings of the National Assembly. It is but an indifferent thing; -however, it is the best. - -I have the honor to be, with great esteem and respect, Sir, your most -obedient, and most humble servant. - -P. S. _July 21._ Mr. Neckar had left Brussels for Frankfort, before the -courier got there. We expect, however, to hear of him in a day or two. -Monsieur le Comte de La Luzerne has resumed the department of the marine -this day. Either this is an office of friendship effected by Monsieur de -Montmorin, (for though they had taken different sides, their friendship -continued,) or he comes in as a stop-gap, till somebody else can be found. -Though very unequal to his office, all agree that he is an honest man. -The Count d'Artois was at Valenciennes. The Prince of Condé and Duke de -Bourbon had passed that place. - - -FOOTNOTE: - - [2] See it in the paper called Point du Jour, No. 23. - - -TO M. L'ABBÉ ARNOLD. - - Paris, July 19, 1789. - -Dear Sir,--The annexed is a catalogue of all the books I recollect on the -subject of juries. With respect to the value of this institution, I must -make a general observation. We think, in America, that it is necessary to -introduce the people into every department of government, as far as they -are capable of exercising it; and that this is the only way to insure a -long-continued and honest administration of its powers. - -1. They are not qualified to exercise themselves the executive department, -but they are qualified to name the person who shall exercise it. With -us, therefore, they choose this officer every four years. 2. They are -not qualified to legislate. With us, therefore, they only choose the -legislators. 3. They are not qualified to _judge_ questions of _law_, -but they are very capable of judging questions of _fact_. In the form of -juries, therefore, they determine all matters of fact, leaving to the -permanent judges, to decide the law resulting from those facts. But we -all know that permanent judges acquire an _Esprit de corps_; that being -known, they are liable to be tempted by bribery; that they are misled -by favor, by relationship, by a spirit of party, by a devotion to the -executive or legislative power; that it is better to leave a cause to the -decision of cross and pile, than to that of a judge biased to one side; -and that the opinion of twelve honest jurymen gives still a better hope -of right, than cross and pile does. It is in the power, therefore, of the -juries, if they think permanent judges are under any bias whatever, in any -cause, to take on themselves to judge the law as well as the fact. They -never exercise this power but when they suspect partiality in the judges; -and by the exercise of this power, they have been the firmest bulwarks -of English liberty. Were I called upon to decide, whether the people had -best be omitted in the legislative or judiciary department, I would say -it is better to leave them out of the legislative. The execution of the -laws is more important than the making them. However, it is best to have -the people in all the three departments, where that is possible. - -I write in great haste, my dear Sir, and have, therefore, only time to add -wishes for the happiness of your country, to which a new order of things -is opening; and assurances of the sincere esteem with which I have the -honor to be, dear Sir, your most obedient and humble servant. - -_Books on the subject of Juries._ - - Complete Juryman, or a compendium of the laws relating to jurors. - - Guide to English juries. - - Hawles' Englishman's right. - - Juror's judges both of law and fact, by Jones. - - Security of Englishmen's lives, or the duty of grand juries. - - Walwin's juries justified. - - -TO MR. MADISON. - - Paris, July 22, 1789. - -Dear Sir,--My last to you was of the 18th of June. Within a day or two -after, yours of May the 9th came to hand. In the rest of Europe nothing -remarkable has happened; but in France such events as will be forever -memorable in history. To begin where my last left them, the King took -on himself to decide the great question of voting by persons or orders, -by a declaration made at a _seance royale_ on the 23d of June. In the -same declaration he inserted many other things, some good, some bad. The -Tiers, undismayed, resolved the whole was a mere nullity, and proceeded -as if nothing had happened. The majority of the clergy joined them, -and a small part of the nobles. The uneasiness produced by the King's -declaration occasioned the people to collect about the palace in the -evening of the same day. The King and Queen were alarmed and sent for Mr. -Neckar. He was conducted to and from the palace amidst the acclamations -of the people. The French guards were observed to be mixed in great -numbers with the people and to participate of their passions. This made -so decisive an impression, that the King on the 27th wrote to the clergy -and nobles, who had not yet joined the Tiers, recommending to them to go -and join them. They did so, and it was imagined all was now settled. It -was soon observed, however, that troops, and those the foreign troops, -were marching towards Paris from different quarters. The States addressed -the King to forbid their approach. He declared it was only to preserve -the tranquillity of Paris and Versailles, and I believe he thought so. -The command of those troops was given to the Marshal Broglio, and it was -observed that the Baron de Breteuil was going daily to Versailles. On -the 11th, there being now thirty thousand foreign troops in and between -Paris and Versailles, Mr. Neckar was dismissed and ordered to retire -privately. The next day the whole ministry was changed except Villedeuil -and Barentin. Breteuil, Broglio and Vauguyon were the principal persons -named in the new. A body of cavalry were advanced into Paris to awe -them. The people attacked and routed them, killing one of the cavalry -and losing a French guard. The corps of French guards gathered stronger, -followed the cavalry, attacked them in the street, (_the rue basse des -ramparts_,) and killed four. (I did not know this fact with certainty -when I wrote to Mr. Jay, it is therefore not in my letter. I since have -it from an eye-witness.) The insurrection became now universal. The next -day (the 13th) the people forced a prison and took some arms. On the -14th a committee was framed by the city, with powers corresponding to our -committees of safety. They resolve to raise a city militia of forty-eight -thousand men. The people attack the invalids and get a great store of -arms. They then attack and carry the Bastile, cut off the Governor's and -Lieutenant-Governor's heads, and that also of the Prevost des Marchand's, -discovered in a treacherous correspondence. While these things were -doing here, the council is said to have been agitating at Versailles a -proposition to arrest a number of the members of the States, to march all -the foreign troops against Paris, and suppress the tumult by the sword. -But the decapitations being once known there, and that there were fifty -or sixty thousand men in arms, the King went to the States, referred -everything to them, and ordered away the troops. The City Committee named -the Marquis de La Fayette commander-in-chief. They went on organizing -their militia, the tumult continued, and a noise spread about Versailles -that they were coming to massacre the court, the ministry, &c. Every -minister hereupon resigned and fled, the Count d'Artois, Prince of Condé, -Duke de Bourbon, the family of Polignacs, the Count de Vaudreuil, Abbé -Vermont, confessor of the Queen, and key-stone of all the intrigues, all -fled out of the kingdom. The King agreed to recall Mr. Neckar, reappointed -Montmorin and St. Priest, friends of Neckar, and came with the States -General to Paris to satisfy the city of his dispositions. All the streets -through which he passed were lined with Bourgeoise, armed with guns, -pistols, pikes, pruning-hooks, scythes, and whatever they could lay -hold of, about sixty thousand. The States General on foot on each side -of his coach, the Marquis de La Fayette at their head, on horseback. -He returned to Versailles in the same order, to the great joy of the -remaining courtiers, who feared he would have been detained in Paris. -The tumults in the city had pretty well subsided, but to-day they have -been revived by a new incident. Foulon, one of the fugitive ministers, -was taken in the country, (it is said by his own tenants,) and brought -to Paris. Every possible effort of persuasion was exerted in vain to -save him. He was forced from the hands of the Gardes Bourgeoises by the -mob, was hung, and after severing his head, the body was dragged by the -enraged populace through the principal streets of Paris. The Intendant of -Paris (de Chauvigny), accused of having been in the plots with the late -ministry, and who had fled, was taken at Compiegne, and a party of two -hundred militia horse are now gone for him. If they bring him to Paris it -will be impossible to save him. Monsieur de La Luzerne was reappointed -minister of marine yesterday. Your last letter says nothing of my leave -of absence. The season is so far advanced towards the Equinox, that if -it comes to hand I shall not leave Europe till that be over. Indeed this -scene is too interesting to be left at present. But if the permission does -not come in time for my passage in the fall, the necessity of my going is -so imperious, that I shall be in a most distressing dilemma. - -I am, with sincere esteem and respect, dear Sir, your affectionate friend -and servant. - -P. S. _July 23._ I just learn that Bertier de Chauvigny was brought to -town in the night and massacred immediately. - - -TO JOHN JAY. - - Paris, July 23, 1789. - -Sir,--The bearer of my letters (a servant of Mr. Morris) not going off -till to-day, I am enabled to add to their contents. The spirit of tumult -seemed to have subsided, when, yesterday, it was excited again, by a -particular incident. Monsieur Foulon, one of the obnoxious ministry, -who, as well as his brethren, had absconded, was taken in the country, -and, as is said, by his own tenants, and brought to Paris. Great efforts -were exerted by popular characters, to save him. He was at length forced -out of the hands of the Garde Bourgeoise, hung immediately, his head -cut off, and his body drawn through the principal streets of the city. -The Intendant of Paris, Monsieur de Chauvigny, accused of having entered -into the designs of the said ministry, has been taken at Compiegne, and a -body of two hundred men on horseback have gone for him. If he be brought -here, it will be difficult to save him. Indeed, it is hard to say at what -distance of time the presence of one of those ministers, or of any of -the most obnoxious of the fugitive courtiers, will not rekindle the same -blood-thirsty spirit. I hope it is extinguished as to everybody else, -and yesterday's example will teach them to keep out of its way. I add two -other sheets of the Point du Jour, and am, with the most perfect esteem -and respect, Sir, your most obedient, and most humble servant. - -P. S. I just now learn that Bertier de Chauvigny was brought to town last -night, and massacred immediately. - - -TO JOHN JAY. - - Paris, July 29, 1789. - -Sir,--I have written you lately, on the 24th of June, with a postscript -of the 25th; on the 29th of the same month; the 19th of July, with a -postscript of the 21st; and again on the 23d. Yesterday I received yours -of the 9th of March, by the way of Holland. - -Mr. Neckar has accepted his appointment, and will arrive to-day from -Switzerland, where he had taken refuge. No other ministers have been -named since my last. It is thought that Mr. Neckar will choose his own -associates. The tranquillity of Paris has not been disturbed since the -death of Foulon and Bertier mentioned in my last. Their militia is in a -course of organization. It is impossible to know the exact state of the -supplies of bread. We suppose them low and precarious, because, some days, -we are allowed to buy but half or three-fourths of the daily allowance -of our families. Yet as the wheat harvest must begin within ten days or -a fortnight, we are in hopes there will be subsistence found till that -time. This is the only source from which I should fear a renewal of the -late disorders; for I take for granted, the fugitives from the wrath of -their country are all safe in foreign countries. Among these, are numbered -seven Princes of the house of Bourbon, and six ministers; the seventh (the -Marshal de Broglio), being shut up in the fortified town of Metz, strongly -garrisoned with foreign soldiers. I observed to you, in a preceding -letter, that the storm which had begun in Paris, on the change of the -ministry, would have to pass over the whole country, and consequently -would, for a short time, occasion us terrible details from the different -parts of it. Among these, you will find a horrid one retailed from Vesoul, -in French Compté. The atrociousness of the fact would dispose us rather -to doubt the truth of the evidence on which it rests, however regular -that appears. There is no question, that a number of people were blown -up; but there are reasons for suspecting that it was by accident and not -design. It is said the owner of the chateau sold powder by the pound, -which was kept in the cellar of the house blown up; and it is possible, -some one of the guests may have taken this occasion to supply himself, -and been too careless in approaching the mass. Many idle stories have -also been propagated and believed here, against the English, as that they -have instigated the late tumults with money, that they had taken or were -preparing to take Cherbourg, Brest, &c.; and even reasonable men have -believed, or pretended to believe, all these. The British ambassador has -thought it necessary to disavow them in a public letter, which you will -find in one of the papers accompanying this. - -I have lately had an opportunity of knowing with certainty, the present -state of the King of England. His recovery was slow; he passed through -a stage of profound melancholy; but this has at length dissipated, and -he is at present perfectly re-established. He talks now as much as ever, -on the same trifling subjects, and has recovered even his habitual -inquisitiveness into the small news of the families about him. His -health is also good, though he is not as fleshy as he used to be. I have -multiplied my letters to you lately, because the scene has been truly -interesting; so much so, that had I received my permission to pay my -projected visit to my own country, I should have thought, and should still -think it my duty to defer it awhile. I presume it cannot now be long, -before I receive your definitive answer to my request. I send herewith the -public papers, as usual; and have the honor to be, with the most perfect -esteem and respect, Sir, your most obedient, and most humble servant. - - -TO MR. CARMICHAEL. - - Paris, August 9, 1789. - -Dear Sir,--Since your last of March the 27th, I have only written that of -May the 8th. The cause of this long silence, on both parts, has been the -expectation I communicated to you of embarking for America. In fact, I -have expected permission for this, every hour since the month of March, -and therefore always thought that by putting off writing to you a few -days, my letter, while it should communicate the occurrences of the day, -might be a letter of adieu. Should my permission now arrive, I should -put off my departure till after the equinox. They write me that my not -receiving it, has proceeded from the ceasing of the old government in -October last, and the organization of the higher departments in the new, -which had not yet taken place when my last letters came away. Bills had -been brought in for establishing departments of Foreign Affairs, Finance, -and War. The last would certainly be given to General Knox. Mr. Jay would -probably have his choice of the first and second; and it is supposed -Hamilton would have that which Mr. Jay declined. Some thought Mr. Jay -would prefer and obtain the head of the law department, for which Wilson -would be a competitor. In such a case; some have supposed C. Thompson -would ask the Foreign Affairs. The Senate and Representatives differed -about the title of the President. The former wanted to style him "His -Highness, George Washington, President of the United States, and Protector -of their liberties." The latter insisted and prevailed, to give no title -but that of office, to wit, "George Washington, President of the United -States." I hope the terms of Excellency, Honor, Worship, Esquire, forever -disappear from among us, from that moment: I wish that of Mr. would follow -them. In the impost bill, the Representatives had, by almost an unanimous -concurrence, made a difference between nations in treaty with us, and -those not in treaty. The Senate had struck out this difference and lowered -all the duties. Quære, whether the Representatives would yield? Congress -were to proceed about the 1st of June to propose amendments to the new -Constitution. The principal would be, the annexing a declaration of rights -to satisfy the mind of all, on the subject of their liberties. They waited -the arrival of Brown, delegate from Kentucky, to take up the receiving -that district as a fourteenth State. The only objections apprehended, -were from the partisans of Vermont, who might insist on both coming in -together. This would produce a delay, though probably not a long one. - -To detail to you the events of this country, would require a volume. It -would be useless too; because those given in the Leyden gazette, though -not universally true, have so few and such unimportant errors mixed with -them, that you may have a general faith in them. I will rather give you, -therefore, what that paper cannot give, the views of the prevailing power, -as far as they can be collected from conversation and writings. They -will distribute the powers of government into three parts, legislative, -judiciary, and executive. The legislative will certainly have no -hereditary branch, and probably not even a select one (like our Senate). -If they divide it into two chambers at all, it will be by breaking the -representative body into two equal halves by lot. But very many are -for a single House, and particularly the Turgotists. The imperfection -of their legislative body, I think, will be, that not a member of it -will be chosen by the people directly. Their representation will be an -equal one, in which every man will elect and be elected as a citizen, -not as of a distinct order. Quære, whether they will elect placemen and -pensioners? Their legislature will meet periodically, and set at their -own will, with a power in the executive to call them extraordinarily, -in case of emergencies. There is a considerable division of sentiment -whether the executive shall have a negative on the laws. I think they will -determine to give such a negative, either absolute or qualified. In the -judiciary, the parliaments will be suppressed, less numerous judiciary -bodies instituted, and trial by jury established in criminal, if not -in civil cases. The executive power will be left entire in the hands of -the King. They will establish the responsibility of ministers, gifts and -appropriations of money by the National Assembly alone; consequently, -a civil list, freedom of the press, freedom of religion, freedom of -commerce and industry, freedom of person against arbitrary arrests, and -modifications, if not a total prohibition of military agency in civil -cases. I do not see how they can prohibit altogether the aid of the -military in cases of riot, and yet I doubt whether they can descend from -the sublimity of ancient military pride, to let a Marechal of France -with his troops, be commanded by a Magistrate. They cannot conceive, that -General Washington, at the head of his army, during the late war, could -have been commanded by a common Constable to go as his _posse comitatus_, -to suppress a mob, and that Count Rochambeau, when he was arrested at the -head of his army by a sheriff, must have gone to jail if he had not given -bail to appear in court. Though they have gone astonishing lengths, they -are not yet thus far. It is probable, therefore, that not knowing how to -use the military as a civil weapon, they will do too much or too little -with it. - -I have said that things will be so and so. Understand by this, that these -are only my conjectures, the plan of the constitution not being proposed -yet, much less agreed to. Tranquillity is pretty well established in -the capital; though the appearance of any of the refugees here would -endanger it. The Baron de Besenval is kept away; so is M. de la Vauguyon. -The latter was so short a time a member of the obnoxious administration, -that probably he might not be touched were he here. Seven Princes of the -house of Bourbon, and seven ministers, fled into foreign countries, is a -wonderful event indeed. - -I have the honor to be, with great respect and attachment, dear Sir, your -most obedient, and most humble servant. - - -TO JOHN JAY. - - Paris, August 27, 1789. - -Sir,--I am honored with your favor of June the 19th, informing me that -permission is given me to make a short visit to my native country, for -which indulgence I beg leave to return my thanks to the President, and -to yourself, Sir, for the expedition with which you were so good as to -forward it, after it was obtained. Being advised that October is the -best month of the autumn for a passage to America, I shall wish to sail -about the first of that month; and as I have a family with me, and their -baggage is considerable, I must endeavor to find a vessel bound directly -for Virginia, if possible. - -My last letters to you have been of the 5th and 12th instant. Since these, -I received information from our bankers in Holland, that they had money -in hand sufficient to answer the demands for the foreign officers, and for -the captives; and that moreover, the residue of the bonds of the last loan -were engaged. I hereupon wrote to Mr. Grand for an exact estimate of the -sum necessary for the officers. He had stated it to me as being forty-five -thousand six hundred and fifty-two livres eleven sous six deniers, a -year, when I was going to Holland to propose the loan to Mr. Adams, and -at that sum, you will see it was stated in the estimate we sent you from -Amsterdam. He now informed me it was sixty thousand three hundred and -ninety-three livres seventeen sous ten deniers, a year. I called on him -for an explanation. He showed me that his first information agreed with -the only list of the officers and sums then in his possession, and his -last with a new list lately sent from the treasury board in which other -officers were set down, who had been omitted in the first. I wrote to -our bankers an account of this error, and desired to know whether, after -reserving the money necessary for the captives, they were in condition to -furnish two hundred and fifty-four thousand livres for the officers. They -answered me by sending the money, and the additional sum of twenty-six -thousand livres, to complete the business of the medals. I delivered the -bills to Messrs. Grand and company, to negotiate and pay away; and the -arrears to the officers to the first day of the present year, are now in -a course of payment. While on this subject, I will ask that an order may -be forwarded to the bankers in Holland to furnish, and to Mr. Grand to -pay, the arrearages which may be due on the first of January next. The -money being in hand, it would be a pity that we should fail in payment -a single day, merely for want of an order. The bankers further give it -as their opinion, that our credit is so much advanced on the exchange of -Amsterdam, that we may probably execute any money arrangements we may have -occasion for, on this side the water. I have the honor to send you a copy -of their letter. They have communicated to me apprehensions, that another -house was endeavoring to obtain the business of our government. Knowing -of no such endeavors myself, I have assured them that I am a stranger to -any applications on the subject. At the same time, I cannot but suspect -that this jealousy has been one of the spurs, at least, to the prompt -completion of our loan. The spirited proceedings of the new Congress in -the business of revenue, has doubtless been the principal one. - -An engagement has taken place between the Russian and Swedish fleets in -the Baltic, which has been not at all decisive, no ship having been lost -on either side. The Swedes claim a victory, because they remained in the -field till the Russians quitted it. The latter effected a junction soon -after with another part of their fleet, and being now about ten ships -strongest, the Swedes retired into port, and it is imagined they will -not appear again under so great disparity; so that the campaign by sea -is supposed to be finished. Their commerce will be at the mercy of their -enemies; but they have put it out of the power of the Russians to send -any fleet to the Mediterranean this year. - -A revolution has been effected very suddenly in the bishopric of Liege. -Their constitution had been changed by force, by the reigning sovereign, -about one hundred years ago. This subject had been lately revived -and discussed in print. The people were at length excited to assemble -tumultuously. They sent for their Prince, who was at his country seat, and -required him to come to the town house to hear their grievances. Though -in the night, he came instantly and was obliged to sign a restitution of -their ancient constitution, which took place on the spot, and all became -quiet without a drop of blood spilt. This fact is worthy notice, only as -it shows the progress of the spirit of revolution. - -No act of violence has taken place in Paris since my last, except on -account of the difference between the French and Swiss guards, which gave -rise to occasional single combats, in which five or six were killed. -The difference is made up. Some misunderstandings had arisen between -the committees of the different districts of Paris, as to the form of -the future municipal government. These gave uneasiness for awhile, but -have been also reconciled. Still there is such a leaven of fermentation -remaining in the body of the people, that acts of violence are always -possible, and are quite unpunishable; there being, as yet, no judicature -which can venture to act in any case, however small or great. The country -is becoming more calm. The embarrassments of the government, for want of -money, are extreme. The loan of thirty millions proposed by Mr. Neckar, -has not succeeded at all. No taxes are paid. A total stoppage of all -payment to the creditors of the State is possible every moment. These -form a great mass in the city as well as country, and among the lower -class of people too, who have been used to carry their little savings of -their service into the public funds upon life rents of five, ten, twenty -guineas a year, and many of whom have no other dependence for daily -subsistence. A prodigious number of servants are now also thrown out of -employ by domestic reforms, rendered necessary by the late events. Add -to this, the want of bread, which is extreme. For several days past, a -considerable proportion of the people have been without bread altogether; -for though the new harvest is begun, there is neither water nor wind to -grind the grain. For some days past the people have besieged the doors -of the bakers, scrambled with one another for bread, collected in squads -all over the city, and need only some slight incident to lead them to -excesses which may end in, nobody can tell what. The danger from the want -of bread, however, which is the most imminent, will certainly lessen in -a few days. What turn that may take which arises from the want of money, -is difficult to be foreseen. Mr. Neckar is totally without influence in -the National Assembly, and is, I believe, not satisfied with this want -of importance. That Assembly has just finished their bill of rights. The -question will then be, whether to take up first the constitution or the -business of finance. - -No plan of a constitution has been yet given in. But I can state to -you the outlines of what the leading members have in contemplation. -The executive power in a hereditary King, with power of dissolving the -legislature, and a negative on their laws; his authority in forming -treaties to be greatly restrained. The legislative to be a single House -of representatives, chosen for two or three years. They propose a body -whom they call a Senate, to be chosen by the Provincial Assemblies, as our -federal Senate is, but with no power of negativing or amending laws; they -may only remonstrate on them to the representatives, who will decide by a -simple majority the ultimate event of the law. This body will therefore be -a mere council of revision. It is proposed that they shall be of a certain -age and property, and be for life. They may make them also their court of -impeachment. They will suppress the parliaments, and establish a system of -judicature somewhat like that of England, with trial by jury in criminal -cases, perhaps also in civil. Each province will have a subordinate -provincial government, and the great cities, a municipal one on a free -basis. These are the ideas and views of the most distinguished members. -But they may suffer great modifications from the Assembly, and the longer -the delay, the greater will be the modifications. Considerable interval -having taken place since any popular execution, the aristocratic party is -raising its head. They are strengthened by a considerable defection from -the patriots, in consequence of the general suppression of the abuses of -the 4th of August, in which many were interested. Another faction too, of -the most desperate views, has acquired strength in the Assembly, as well -as out of it. These wish to dethrone the reigning branch, and transfer -the crown to the Duke d'Orleans. The members of this faction are mostly -persons of wicked and desperate fortunes, who have nothing at heart -but to pillage from the wreck of their country. The Duke himself is as -unprincipled as his followers; sunk in debaucheries of the lowest kind, -and incapable of quitting them for business; not a fool, yet not head -enough to conduct anything. In fact, I suppose him used merely as a tool, -because of his immense wealth, and that he acquired a certain degree of -popularity by his first opposition to the government, then credited to -him as upon virtuous motives. He is certainly borrowing money on a large -scale. He is in understanding with the court of London, where he had been -long in habits of intimacy. The ministry here are apprehensive, that that -ministry will support his designs by war. I have no idea of this, but no -doubt, at the same time, that they will furnish him money liberally to -aliment a civil war, and prevent the regeneration of this country. - -It was suggested to me, some days ago, that the court of Versailles -were treating with that of London, for a surrender of their West India -possessions, in consideration of a great sum of money to relieve their -present distress. Every principle of common sense was in opposition -to this fact; yet it was so affirmed as to merit inquiry. I became -satisfied the government had never such an idea; but that the story -was not without foundation altogether; that something like this was in -contemplation between the faction of Orleans and the court of London, -as a means of obtaining money from that court. In a conversation with -the Count de Montmorin, two days ago, he told me their colonies were -speaking a language which gave them uneasiness, and for which there -was no foundation. I asked him if he knew anything of what I have just -mentioned. He appeared unapprized of it, but to see at once that it would -be a probable speculation between two parties circumstanced and principled -as those two are. I apologized to him for the inquiries I had made into -this business, by observing that it would be much against our interest, -that any one power should monopolize all the West India islands. "Parde, -assurement," was his answer. - -The _emancipation_ of their islands is an idea prevailing in the minds -of several members of the National Assembly, particularly those most -enlightened and most liberal in their views. Such a step by this country -would lead to other emancipations or revolutions in the same quarter. I -enclose you some papers received from Mr. Carmichael, relative to the -capture of one of our vessels by a Morocco cruiser, and restitution -by the Emperor. I shall immediately write to M. Chiappe, to express a -proper sense of the Emperor's friendly dispositions to us. I forward -also the public papers to the present date; and have the honor to be, -with sentiments of the most perfect esteem and respect, Sir, your most -obedient, and most humble servant. - - -TO JAMES MADISON. - - Paris, August 28, 1789. - -Dear Sir,--My last to you was of July the 22d. Since that, I have received -yours of May the 27th, June 13th and 30th. The tranquillity of the city -has not been disturbed since my last. Dissensions between the French and -Swiss guards occasioned some private combats, in which five or six were -killed. These dissensions are made up. The want of bread for some days -past, has greatly endangered the peace of the city. Some get a little, -some none at all. The poor are the best served, because they besiege -perpetually the doors of the bakers. Notwithstanding this distress, and -the palpable importance of the city administration to furnish bread to -the city, it was not till yesterday, that general leave was given to the -bakers to go into the country and buy flour for themselves as they can. -This will soon relieve us, because the wheat harvest is well advanced. -Never was there a country where the practice of governing too much, had -taken deeper root and done more mischief. Their declaration of rights -is finished. If printed in time, I will enclose a copy with this. It is -doubtful whether they will now take up the finance or the constitution -first. The distress for money endangers everything. No taxes are paid, and -no money can be borrowed. Mr. Neckar was yesterday to give in a memoir -to the Assembly, on this subject. I think they will give him leave to -put into execution any plan he pleases, so as to debarrass themselves -of this, and take up that of the constitution. No plan is yet reported; -but the leading members (with some small difference of opinion) have in -contemplation the following: The executive power in a hereditary King, -with a negative on laws, and power to dissolve the legislature; to be -considerably restrained in the making of treaties, and limited in his -expenses. The legislative is a House of representatives. They propose a -Senate also, chosen on the plan of our federal Senate by the Provincial -Assemblies, but to be for life, of a certain age (they talk of forty -years), and certain wealth (four or five hundred guineas a year), but -to have no other power against the laws but to remonstrate against them -to the representatives, who will then determine their fate by a simple -majority. This, you will readily perceive, is a mere council of revision, -like that of New York, which, in order to be something, must form an -alliance with the King, to avail themselves of his veto. The alliance will -be useful to both, and to the nation. The representatives to be chosen -every two or three years. The judiciary system is less prepared than any -other part of the plan; however, they will abolish the parliaments, and -establish an order of judges and justices, general and provincial, a good -deal like ours, with trial by jury in criminal cases certainly, perhaps -also in civil. The provinces will have Assemblies for their provincial -government, and the cities a municipal body for municipal government, all -founded on the basis of popular election. These subordinate governments, -though completely dependent on the general one, will be intrusted with -almost the whole of the details which our State governments exercise. -They will have their own judiciary, final in all but great cases, the -executive business will principally pass through their hands, and a -certain local legislature will be allowed them. In short, ours has been -professedly their model, in which such changes are made as a difference -of circumstances rendered necessary, and some others neither necessary nor -advantageous, but into which men will ever run, when versed in theory and -new in the practice of government, when acquainted with man only as they -see him in their books and not in the world. This plan will undoubtedly -undergo changes in the Assembly, and the longer it is delayed, the greater -will be the changes; for that Assembly, or rather the patriotic part of -it, hooped together heretofore by a common enemy, are less compact since -their victory. That enemy (the civil and ecclesiastical aristocracy) -begins to raise its head. The lees, too, of the patriotic party, of -wicked principles and desperate fortunes, hoping to pillage something -in the wreck of their country, are attaching themselves to the faction -of the Duke of Orleans; that faction is caballing with the populace, and -intriguing at London, the Hague, and Berlin, and have evidently in view -the transfer of the crown to the Duke of Orleans. He is a man of moderate -understanding, of no principle, absorbed in low vice, and incapable of -extracting himself from the filth of that, to direct anything else. His -name and his money, therefore, are mere tools in the hands of those who -are duping him. - - * * * * * - -They may produce a temporary confusion, and even a temporary civil war, -supported, as they will be, by the money of England; but they cannot have -success ultimately. The King, the mass of the substantial people of the -whole country, the army, and the influential part of the clergy, form a -firm phalanx which must prevail. Should those delays which necessarily -attend the deliberations of a body of one thousand two hundred men, give -time to this plot to ripen and burst, so as to break up the Assembly -before anything definite is done, a constitution, the principles of which -are pretty well settled in the minds of the Assembly, will be proposed by -the national militia (* * * * *), urged by the individual members of the -Assembly, signed by the King, and supported by the nation, to prevail till -circumstances shall permit its revision and more regular sanction. This I -suppose the _pis aller_ of their affairs, while their probable event is -a peaceable settlement of them. They fear a war from England, Holland, -and Prussia. I think England will give money, but not make war. Holland -would soon be a fire, internally, were she to be embroiled in external -difficulties. Prussia must know this, and act accordingly. - -It is impossible to desire better dispositions towards us than prevail -in this Assembly. Our proceedings have been viewed as a model for them -on every occasion; and though in the heat of debate, men are generally -disposed to contradict every authority urged by their opponents, ours -has been treated like that of the Bible, open to explanation, but not to -question. I am sorry that in the moment of such a disposition, anything -should come from us to check it. The placing them on a mere footing with -the English, will have this effect. When of two nations, the one has -engaged herself in a ruinous war for us, has spent her blood and money to -save us, has opened her bosom to us in peace, and received us almost on -the footing of her own citizens, while the other has moved heaven, earth, -and hell to exterminate us in war, has insulted us in all her councils in -peace, shut her doors to us in every part where her interests would admit -it, libelled us in foreign nations, endeavored to poison them against the -reception of our most precious commodities; to place these two nations on -a footing, is to give a great deal more to one than to the other, if the -maxim be true, that to make unequal quantities equal, you must add more to -one than the other. To say, in excuse, that gratitude is never to enter -into the motives of national conduct, is to revive a principle which has -been buried for centuries with its kindred principles of the lawfulness -of assassination, poison, perjury, &c. All of these were legitimate -principles in the dark ages which intervened between ancient and modern -civilization, but exploded and held in just horror in the eighteenth -century. I know but one code of morality for men, whether acting singly -or collectively. He who says I will be a rogue when I act in company with -a hundred others, but an honest man when I act alone, will be believed in -the former assertion, but not in the latter. I would say with the poet, -"_hic niger est, hunc tu Romane cavato_." If the morality of one man -produces a just line of conduct in him, acting individually, why should -not the morality of one hundred men produce a just line of conduct in -them, acting together? But I indulge myself in these reflections, because -my own feelings run me into them; with you they were always acknowledged. -Let us hope that our new government will take some other occasions to -show, that they mean to proscribe no virtue from the canons of their -conduct with other nations. In every other instance, the new government -has ushered itself to the world as honest, masculine, and dignified. It -has shown genuine dignity, in my opinion, in exploding adulatory titles; -they are the offerings of abject baseness, and nourish that degrading vice -in the people. - -I must now say a word on the declaration of rights, you have been so good -as to send me. I like it, as far as it goes; but I should have been for -going further. For instance, the following alterations and additions would -have pleased me. Article 4. "The people shall not be deprived of their -right to speak, to write, or _otherwise_ to publish anything but false -facts affecting injuriously the life, liberty, property or reputation of -others, or affecting the peace of the confederacy with foreign nations. -Article 7. All facts put in issue before any judicature, shall be tried by -jury, except, 1, in cases of admiralty jurisdiction, wherein a foreigner -shall be interested; 2, in cases cognizable before a court martial, -concerning only the regular officers and soldiers of the United States, or -members of the militia in actual service in time of war or insurrection; -and 3, in impeachments allowed by the constitution. Article 8. No person -shall be held in confinement more than ---- days after he shall have -demanded and been refused a writ of habeas corpus by the judge appointed -by law, nor more than ---- days after such a writ shall have been served -on the person holding him in confinement, and no order given on due -examination for his remandment or discharge, nor more than ---- hours in -any place at a greater distance than ---- miles from the usual residence -of some judge authorized to issue the writ of habeas corpus; nor shall -that writ be suspended for any term exceeding one year, nor in any place -more than ---- miles distant from the State or encampment of enemies or -of insurgents. Article 9. Monopolies may be allowed to persons for their -own productions in literature, and their own inventions in the arts, for -a term not exceeding ---- years, but for no longer term, and no other -purpose. Article 10. All troops of the United States shall stand _ipso -facto_ disbanded, at the expiration of the term for which their pay and -subsistence shall have been last voted by Congress, and all officers and -soldiers, not natives of the United States, shall be incapable of serving -in their armies by land, except during a foreign war." These restrictions -I think are so guarded, as to hinder evil only. However, if we do not have -them now, I have so much confidence in my countrymen, as to be satisfied -that we shall have them as soon as the degeneracy of our government shall -render them necessary. - -I have no certain news of Paul Jones. I understand only, in a general -way, that some persecution on the part of his officers occasioned his -being called to St. Petersburg, and that though protected against them -by the Empress, he is not yet restored to his station. Silas Deane -is coming over to finish his days in America, not having one sous to -subsist on, elsewhere. He is a wretched monument of the consequences of -a departure from right. I will, before my departure, write Colonel Lee -fully the measures I have pursued to procure success in his business, -and which as yet offer little hope; and I shall leave it in the hands -of Mr. Short to be pursued, if any prospect opens on him. I propose to -sail from Havre as soon after the first of October as I can get a vessel; -and shall consequently leave this place a week earlier than that. As my -daughters will be with me, and their baggage somewhat more than that of -mere _voyageures_, I shall endeavor, if possible, to obtain a passage for -Virginia directly. Probably I shall be there by the last of November. If -my immediate attendance at New York should be requisite for any purpose, -I will leave them with a relation near Richmond, and proceed immediately -to New York. But as I do not foresee any pressing purpose for that -journey immediately on my arrival, and as it will be a great saving of -time, to finish at once in Virginia, so as to have no occasion to return -there after having once gone to the northward, I expect to proceed to -my own house directly. Staying there two months (which I believe will be -necessary), and allowing for the time I am on the road, I may expect to be -at New York in February, and to embark from thence or some eastern port. - -You ask me if I would accept any appointment on that side of the water? -You know the circumstances which led me from retirement, step by step, and -from one nomination to another, up to the present. My object is a return -to the same retirement; whenever, therefore, I quit the present, it will -not be to engage in any other office, and most especially any one which -would require a constant residence from home. The books I have collected -for you will go off for Havre in three or four days, with my baggage. From -that port, I shall try to send them by a direct occasion to New York. I -am, with great and sincere esteem, dear Sir, your affectionate friend and -servant. - -P. S. I just now learn that Mr. Neckar proposed yesterday to the National -Assembly a loan of eighty millions, on terms more tempting to the lender -than the former, and that they approved it, leaving him to arrange the -details, in order that they might occupy themselves at once about to the -constitution. - - -TO JAMES MADISON. - - Paris, September 6, 1789. - -Dear Sir,--I sit down to write to you without knowing by what occasion I -shall send my letter. I do it, because a subject comes into my head, which -I would wish to develop a little more than is practicable in the hurry of -the moment of making up general despatches. - -The question, whether one generation of men has a right to bind another, -seems never to have been started either on this or our side of the water. -Yet it is a question of such consequences as not only to merit decision, -but place also among the fundamental principles of every government. The -course of reflection in which we are immersed here, on the elementary -principles of society, has presented this question to my mind; and that no -such obligation can be transmitted, I think very capable of proof. I set -out on this ground, which I suppose to be self-evident, that the _earth -belongs in usufruct to the living_; that the dead have neither powers nor -rights over it. The portion occupied by any individual ceases to be his -when himself ceases to be, and reverts to the society. If the society -has formed no rules for the appropriation of its lands in severality, -it will be taken by the first occupants, and these will generally be -the wife and children of the decedent. If they have formed rules of -appropriation, those rules may give it to the wife and children, or to -some one of them, or to the legatee of the deceased. So they may give it -to its creditor. But the child, the legatee or creditor, takes it, not by -natural right, but by a law of the society of which he is a member, and -to which he is subject. Then, no man can, by _natural right_, oblige the -lands he occupied, or the persons who succeed him in that occupation, to -the payment of debts contracted by him. For if he could, he might during -his own life, eat up the usufruct of the lands for several generations to -come; and then the lands would belong to the dead, and not to the living, -which is the reverse of our principle. - -What is true of every member of the society, individually, is true of -them all collectively; since the rights of the whole can be no more than -the sum of the rights of the individuals. To keep our ideas clear when -applying them to a multitude, let us suppose a whole generation of men -to be born on the same day, to attain mature age on the same day, and to -die on the same day, leaving a succeeding generation in the moment of -attaining their mature age, all together. Let the ripe age be supposed -of twenty-one years, and their period of life thirty-four years more, -that being the average term given by the bills of mortality to persons of -twenty-one years of age. Each successive generation would, in this way, -come and go off the stage at a fixed moment, as individuals do now. Then -I say, the earth belongs to each of these generations during its course, -fully and in its own right. The second generation receives it clear of -the debts and incumbrances of the first, the third of the second, and so -on. For if the first could charge it with a debt, then the earth would -belong to the dead and not to the living generation. Then, no generation -can contract debts greater than maybe paid during the course of its own -existence. At twenty-one years of age, they may bind themselves and their -lands for thirty-four years to come; at twenty-two, for thirty-three; -at twenty-three, for thirty-two; and at fifty-four, for one year only; -because these are the terms of life which remain to them at the respective -epochs. But a material difference must be noted, between the succession of -an individual and that of a whole generation. Individuals are parts only -of a society, subject to the laws of a whole. These laws may appropriate -the portion of land occupied by a decedent, to his creditor, rather than -to any other, or to his child, on condition he satisfies the creditor. -But when a whole generation, that is, the whole society, dies, as in the -case we have supposed, and another generation or society succeeds, this -forms a whole, and there is no superior who can give their territory to -a third society, who may have lent money to their predecessors, beyond -their faculties of paying. - -What is true of generations succeeding one another at fixed epochs, -as has been supposed for clearer conception, is true for those renewed -daily, as in the actual course of nature. As a majority of the contracting -generation will continue in being thirty-four years, and a new majority -will then come into possession, the former may extend their engagement -to that term, and no longer. The conclusion then, is, that neither the -representatives of a nation, nor the whole nation itself assembled, can -validly engage debts beyond what they may pay in their own time, that is -to say, within thirty-four years of the date of the engagement. - -To render this conclusion palpable, suppose that Louis the XIV. and XV. -had contracted debts in the name of the French nation, to the amount of -ten thousand milliards, and that the whole had been contracted in Holland. -The interest of this sum would be five hundred milliards, which is the -whole rent-roll or net proceeds of the territory of France. Must the -present generation of men have retired from the territory in which nature -produces them, and ceded it to the Dutch creditors? No; they have the -same rights over the soil on which they were produced, as the preceding -generations had. They derive these rights not from them, but from nature. -They, then, and their soil are, by nature, clear of the debts of their -predecessors. To present this in another point of view, suppose Louis XV. -and his cotemporary generation, had said to the money lenders of Holland, -give us money, that we may eat, drink, and be merry in our day; and on -condition you will demand no interest till the end of thirty-four years, -you shall then, forever after, receive an annual interest of fifteen per -cent. The money is lent on these conditions, is divided among the people, -eaten, drunk, and squandered. Would the present generation be obliged -to apply the produce of the earth and of their labor, to replace their -dissipations? Not at all. - -I suppose that the received opinion, that the public debts of one -generation devolve on the next, has been suggested by our seeing, -habitually, in private life, that he who succeeds to lands is required -to pay the debts of his predecessor; without considering that this -requisition is municipal only, not moral, flowing from the will of the -society, which has found it convenient to appropriate the lands of a -decedent on the condition of a payment of his debts; but that between -society and society, or generation and generation, there is no municipal -obligation, no umpire but the law of nature. - -The interest of the national debt of France being, in fact, but a two -thousandth part of its rent-roll, the payment of it is practicable enough; -and so becomes a question merely of honor or of expediency. But with -respect to future debts, would it not be wise and just for that nation to -declare in the constitution they are forming, that neither the legislature -nor the nation itself, can validly contract more debt than they may pay -within their own age, or within the term of thirty-four years? And that -all future contracts shall be deemed void, as to what shall remain unpaid -at the end of thirty-four years from their date? This would put the -lenders, and the borrowers also, on their guard. By reducing, too, the -faculty of borrowing within its natural limits, it would bridle the spirit -of war, to which too free a course has been procured by the inattention -of money lenders to this law of nature, that succeeding generations are -not responsible for the preceding. - -On similar ground it may be proved, that no society can make a perpetual -constitution, or even a perpetual law. The earth belongs always to the -living generation: they may manage it, then, and what proceeds from it, -as they please, during their usufruct. They are masters, too, of their own -persons, and consequently may govern them as they please. But persons and -property make the sum of the objects of government. The constitution and -the laws of their predecessors are extinguished then, in their natural -course, with those whose will gave them being. This could preserve that -being, till it ceased to be itself, and no longer. Every constitution, -then, and every law, naturally expires at the end of thirty-four years. -If it be enforced longer, it is an act of force, and not of right. It may -be said, that the succeeding generation exercising, in fact, the power -of repeal, this leaves them as free as if the constitution or law had -been expressly limited to thirty-four years only. In the first place, -this objection admits the right, in proposing an equivalent. But the -power of repeal is not an equivalent. It might be, indeed, if every form -of government were so perfectly contrived, that the will of the majority -could always be obtained, fairly and without impediment. But this is true -of no form. The people cannot assemble themselves; their representation -is unequal and vicious. Various checks are opposed to every legislative -proposition. Factions get possession of the public councils, bribery -corrupts them, personal interests lead them astray from the general -interests of their constituents; and other impediments arise, so as to -prove to every practical man, that a law of limited duration is much more -manageable than one which needs a repeal. - -This principle, that the earth belongs to the living and not to the dead, -is of very extensive application and consequences in every country, and -most especially in France. It enters into the resolution of the questions, -whether the nation may change the descent of lands holden in tail; whether -they may change the appropriation of lands given anciently to the church, -to hospitals, colleges, orders of chivalry, and otherwise in perpetuity; -whether they may abolish the charges and privileges attached on lands, -including the whole catalogue, ecclesiastical and feudal; it goes to -hereditary offices, authorities and jurisdictions, to hereditary orders, -distinctions and appellations, to perpetual monopolies in commerce, the -arts or sciences, with a long train of _et ceteras_; and it renders the -question of reimbursement, a question of generosity and not of right. -In all these cases, the legislature of the day could authorize such -appropriations and establishments for their own time, but no longer; and -the present holders, even where they or their ancestors have purchased, -are in the case of _bona fide_ purchasers of what the seller had no right -convey. - -Turn this subject in your mind, my dear Sir, and particularly as to the -power of contracting debts, and develop it with that cogent logic which -is so peculiarly yours. Your station in the councils of our country gives -you an opportunity of producing it to public consideration, of forcing it -into discussion. At first blush it may be laughed at, as the dream of a -theorist; but examination will prove it to be solid and salutary. It would -furnish matter for a fine preamble to our first law for appropriating -the public revenue; and it will exclude, at the threshold of our new -government, the ruinous and contagious errors of this quarter of the -globe, which have armed despots with means which nature does not sanction, -for binding in chains their fellow-men. We have already given, in example, -one effectual check to the dog of war, by transferring the power of -declaring war from the executive to the legislative body, from those who -are to spend, to those who are to pay. I should be pleased to see this -second obstacle held out by us also, in the first instance. No nation -can make a declaration against the validity of long-contracted debts, -so disinterestedly as we, since we do not owe a shilling which will not -be paid, principal and interest, by the measures you have taken, within -the time of our own lives. I write you no news, because when an occasion -occurs, I shall write a separate letter for that. - -I am always, with great and sincere esteem, dear Sir, your affectionate -friend and servant. - - -TO DR. GEM. - -The hurry in which I wrote my letter to Mr. Madison, which is in your -hands, occasioned an inattention to the difference between generations -succeeding each other at fixed epochs, and generations renewed daily -and hourly. It is true that in the former case, the generation when -at twenty-one years of age, may contract a debt for thirty-four years, -because a majority of them will live so long. But a generation consisting -of all ages, and which legislates by all its members above the age of -twenty-one years, cannot contract for so long a time, because their -majority will be dead much sooner. Buffon gives us a table of twenty-three -thousand nine hundred and ninety-four deaths, stating the ages at which -they happened. To draw from these the result I have occasion for, -I suppose a society in which twenty-three thousand nine hundred and -ninety-four persons are born every year, and live to the age stated -in Buffon's table. Then, the following inferences may be drawn. Such a -society will consist constantly of six hundred and seventeen thousand -seven hundred and three persons, of all ages. Of those living at any one -instant of time, one half will be dead in twenty-four years and eight -months. In such a society, ten thousand six hundred and seventy-five, -will arrive every year at the age of twenty-one years complete. It will -constantly have three hundred and forty-eight thousand four hundred and -seventeen persons of all ages above twenty-one years, and the half of -those of twenty-one years and upwards living at any one instant of time, -will be dead in eighteen years and eight months, or say nineteen years. - -Then, the contracts, constitutions and laws of every such society become -void in nineteen years from their date. - - -TO E. RUTLEDGE. - - Paris, September 18, 1789. - -Dear Sir,--I have duly received your favor by Mr. Cutting, enclosing the -paper from Doctor Trumbull, for which I am very thankful. The conjecture -that inhabitants may have been carried from the coast of Africa to that of -America, by the trade winds, is possible enough; and its probability would -be greatly strengthened by ascertaining a similarity of language, which I -consider as the strongest of all proofs of consanguinity among nations. -Still a question would remain between the red men of the eastern and -western sides of the Atlantic, which is the stock, and which the shoot? If -a fact be true, which I suspect to be true, that there is a much greater -number of radical languages among those of America than among those of -the other hemisphere, it would be a proof of superior antiquity, which I -can conceive no arguments strong enough to overrule. - -When I received your letter, the time of my departure was too near, -to permit me to obtain information from Constantinople, relative to -the demand and price of rice there. I therefore wrote to a merchant at -Versailles, concerned in the Levant trade, for the prices current of rice -at Constantinople and at Marseilles for several years past. He has sent -me only the present price at Marseilles, and that of a particular cargo -at Constantinople. I send you a copy of his letter. The Algerines form -an obstacle; but the object of our commerce in the Mediterranean is so -immense, that we ought to surmount that obstacle, and I believe it could -be done by means in our power, and which, instead of fouling us with the -dishonorable and criminal baseness of France and England, will place us -in the road to respect with all the world. - -I have obtained, and enclose to you, a state of all the rice imported into -this country in the course of one year, which shows its annual consumption -to be between eighty-one and eighty-two thousand quintals. I think you may -supplant all the other furnishing States, except as to what is consumed -at Marseilles and its neighborhood. In fact, Paris is the place of main -consumption. Havre, therefore, is the port of deposit, where you ought to -have one or two honest, intelligent and active consignees. The ill success -of a first or second experiment should not damp the endeavors to open -this market fully, but the obstacles should be forced by perseverance. I -have obtained from different quarters seeds of the dry rice; but having -had time to try them, I find they will not vegetate, having been too long -kept. I have still several other expectations from the East Indies. If -this rice be as good, the object of health will render it worth experiment -with you. Cotton is a precious resource, and which cannot fail with you. -I wish the cargo of olive plants sent by the way of Baltimore, and that -which you will perceive my correspondent is preparing now to send, may -arrive to you in good order. This is the object for the patriots of your -country; for that tree once established there, will be the source of the -greatest wealth and happiness. But to insure success, perseverance may be -necessary. An essay or two may fail. I think, therefore, that an annual -sum should be subscribed, and it need not be a great one. A common country -laborer should be engaged to make it his sole occupation, to prepare -and pack plants and berries at Marseilles, and in the autumn to go with -them himself through the canal of Languedoc to Bordeaux, and there to -stay with them till he can put them on board a vessel bound directly for -Charleston; and this repeated annually, till you have a sufficient stock -insured, to propagate from without further importation. I should guess -that fifty guineas a year would do this, and if you think proper to set -such a subscription afoot, write me down for ten guineas of the money, -yearly, during my stay in France, and offer my superintendence of the -business on this side the water, if no better can be had. - -Mr. Cutting does full justice to the honorable dispositions of the -legislature of South Carolina towards their foreign creditors. None have -yet come into the propositions sent to me, except the Van Staphorsts. - -The danger of famine here, has not ceased with a plentiful harvest. A -new and unskilful administration has not yet got into the way of bringing -regular supplies to the Capital. We are in danger of hourly insurrection -for the want of bread; and an insurrection once begun for that cause, -may associate itself with those discontented for other causes, and -produce incalculable events. But if the want of bread does not produce a -commencement of disorder, I am of opinion the other discontents will be -stifled, and a good and free constitution established without opposition. -In fact, the mass of the people, the clergy and army (excepting the higher -orders of the three bodies), are in as compact an union as can be. The -National Assembly have decided that their executive shall be hereditary, -and shall have a suspensive negative on the laws; that the legislature -shall be of one House, annual in its sessions and biennial in its -elections. Their declaration of rights will give you their other general -views. I am just on my departure for Virginia, where the arrangement of my -affairs will detain me the winter; after which (say in February) I shall -go on to New York, to embark from some northern port for France. In the -meanwhile and always, I am, with great and sincere esteem, dear Sir, your -friend and servant. - - -TO JOHN JAY. - - Paris, September 19, 1789. - -Sir,--I had the honor of addressing you on the 30th of the last month. -Since that, I have taken the liberty of consigning to you a box of -officer's muskets, containing half a dozen, made by the person and on the -plan which I mentioned to you in a letter which I cannot turn to at this -moment, but I think it was of the year 1785. A more particular account of -them you will find in the enclosed copy of a letter which I have written -to General Knox. The box is marked T. J. No. 36, is gone to Havre, and -will be forwarded to you by the first vessel bound to New York, by Mr. -Nathaniel Cutting, an American gentleman establishing himself there. - -Recalling to your mind the account I gave you of the number and size of -ships fitted out by the English last year, for the northern whale fishery, -and comparing with it what they have fitted out this year, for the same -fishery, the comparison will stand thus: - - Years. Vessels. Tons. Men. - 1788. 255 75,436 10,710 - 1789. 178 51,473 7,476 - ----- ------ ------ - Difference. 77 23,963 3,234 - -By which you will perceive, that they have lost a third of that fishery in -one year, which I think almost entirely, if not quite, ascribable to the -shutting the French ports against their oil. I have no account of their -southern fishery of the present year. - -As soon as I was informed that our bankers had the money ready for the -redemption of our captives, I went to the General of the order of the Holy -Trinity, who retained all his dispositions to aid us in that business. -Having a very confidential agent at Marseilles, better acquainted than -himself with the details, he wrote to him for his opinion and information -on the subject. I enclose you a copy of his answer, the original of which -was communicated to me. I thereupon have authorized the General to go -as far as three thousand livres a head, for our captives, and for this -purpose, to adopt the plan proposed, of sending one of his own religion at -our expense, (which will be small,) or any other plan he thinks best. The -honesty and goodness of his character places us in safety in his hands. -To leave him without any hesitation in engaging himself for such a sum -of money, it was necessary to deposit it in a banker's hands here. Mr. -Grand's were agreeable to him, and I have therefore desired our banker -at Amsterdam, to remit it here. I do not apprehend, in the progress of -the present revolution, anything like a general bankruptcy which should -pervade the whole class of bankers. Were such an event to appear imminent, -the excessive caution of the house of Grand and Company, establishes it -in the general opinion as the last that would give way, and consequently -would give time to withdraw this money from their hands. Mr. Short will -attend to this, and will withdraw the money on the first well-founded -appearance of danger. He has asked me what he shall do with it? Because -it is evident, that when Grand cannot be trusted, no other individual -at Paris can, and a general bankruptcy can only be the effect of such -disorders, as would render every private house an insecure deposit. I have -not hesitated to say to him, in such an event, "pay it to the government." -In this case, it becomes only a change of destination and no loss at all. -But this has passed between us for greater caution only, and on the worst -case supposable; for though a suspension of payment by government might -affect the bankers a little, I doubt if any of them have embarked so much -in the hands of government as to endanger failure, and especially as they -have had such long warning. - -You will have known, that the ordinance passed by M. de Chillon in St. -Domingo, for opening ports to our importations in another part of the -island, was protested against by Marbois. He had always led the Count -de La Luzerne by the nose, while Governor of that island. Marbois' -representations, and Luzerne's prepossessions against our trade with -their colonies, occasioned him, as minister of that department, not only -to reverse the ordinance, but to recall Chillon and send out a successor. -Chillon has arrived here, and having rendered himself very popular in the -islands, their deputies in the National Assembly have brought the question -before them. The Assembly has done nothing more, as yet, than to appoint -a committee of inquiry. So much of Chillon's ordinance as admitted the -importation of our provisions, is continued for a time. M. de Marbois, -too, is recalled, I know not why or how. M. de La Luzerne's conduct will -probably come under view only incidentally to the general question urged -by the colony deputies, whether they shall not be free in future, to -procure provisions where they can procure them cheapest? But the deputies -are disposed to treat M. de La Luzerne roughly. This, with the disgrace -of his brother, the bishop de Langres, turned out of the presidentship -of the National Assembly, for partiality in office to the aristocratic -principles, and the disfavor of the Assembly towards M. de La Luzerne -himself, as having been formerly of the _plot_ (as they call it) with -Breteuil and Broglio, will probably occasion him to be out of office soon. - -The Treasury board have no doubt attended to the necessity of giving -timely orders for the payment of the February interest at Amsterdam. -I am well informed that our credit is now the first at that exchange, -(England not borrowing at present.) Our five per cent. bonds have risen to -ninety-seven and ninety-nine. They have been heretofore at ninety-three. -There are, at this time, several companies and individuals here, in -England and Holland, negotiating to sell large parcels of our _liquidated -debt_. A bargain was concluded by one of these the other day, for six -hundred thousand dollars. In the present state of our credit, every dollar -of this debt will probably be transferred to Europe within a short time. - -September the 20th. The combination of bankers and other ministerial -tools, had led me into the error (when I wrote my last letter) into which -they had led most people, that the loan lately opened here went on well. -The truth is, that very little has been borrowed, perhaps not more than -six or eight millions. The King and his ministers were yesterday to carry -their plate to the mint. The ladies are giving up their jewels to the -National Assembly. A contribution of plate in the time of Louis XV. is -said to have carried about eight millions to the treasury. Plate is much -more common now, and therefore, if the example prevail now in the same -degree it did then, it will produce more. The contribution of jewels will -hardly be general, and will be unproductive. Mr. Neckar is, on the 25th, -to go to the Assembly, to make some proposition. The hundredth penny is -talked of. - -The Assembly proceeds slowly in the forming their constitution. The -original vice of their numbers causes this, as well as a tumultuous manner -of doing business. They have voted that the elections of the legislature -shall be biennial; that it shall be of a single body; but they have not -yet decided what shall be its number, or whether they shall be all in one -room, or in two, (which they call a division into sections). They have -determined that the King shall have a _suspensive and iterative veto_; -that is, that after negativing a law, it cannot be presented again till -after a new election. If he negatives it then, it cannot be presented a -third time till after another new election. If it be then presented, he -is obliged to pass it. This is perhaps justly considered as a more useful -negative than an absolute one, which a King would be afraid to use. Mr. -Neckar's influence with the Assembly is nothing at all. Having written -to them, by order of the King, on the subject of the veto, before it -was decided, they refused to let his letter be read. Again, lately, when -they desired the sanction of the King to their proceedings of the fourth -of August, he wrote in the King's name a letter to them, remonstrating -against an immediate sanction to the whole; but they persisted, and -the sanction was given. His disgust at this want of influence, together -with the great difficulties of his situation, make it believed that he -is desirous of resigning. The public stocks were extremely low the day -before yesterday. The _caisse d'escompte_ at three thousand six hundred -and forty, and the loan of one hundred and twenty-five millions, of 1784, -was at fifteen per cent. loss. Yesterday they rose a little. - -The sloth of the Assembly (unavoidable from their number) has done the -most sensible injury to the public cause. The patience of a people who -have less of that quality than any other nation in the world, is worn -thread-bare. Time has been given to the aristocrats to recover from -their panic, to cabal, to sow dissensions in the Assembly, and distrust -out of it. It has been a misfortune, that the King and aristocracy -together have not been able to make a sufficient resistance, to hoop the -patriots in a compact body. Having no common enemy of such force as to -render their union necessary, they have suffered themselves to divide. -The assembly now consists of four distinct parties. 1. The aristocrats, -comprehending the higher members of the clergy, military, nobility, and -the parliaments of the whole kingdom. This forms a head without a body. -2. The moderate royalists, who wish for a constitution nearly similar -to that of England. 3. The republicans, who are willing to let their -first magistracy be hereditary, but to make it very subordinate to the -legislature, and to have that legislature consist of a single chamber. -4. The faction of Orleans. The second and third descriptions are composed -of honest, well-meaning men, differing in opinion only, but both wishing -the establishment of as great a degree of liberty as can be preserved. -They are considered together as constituting the patriotic part of the -Assembly, and they are supported by the soldiery of the army, the soldiery -of the clergy, that is to say, the Curés and monks, the dissenters, and -part of the nobility which is small, and the substantial Bourgeoise of -the whole nation. The part of these collected in the cities, have formed -themselves into municipal bodies, have chosen municipal representatives, -and have organized an armed corps, considerably more numerous in the -whole than the regular army. They have also the ministry, such as it -is, and as yet, the King. Were the second and third parties, or rather -these sections of the same party, to separate entirely, this great mass -of power and wealth would be split, nobody knows how. But I do not think -they will separate; because they have the same honest views; because, -each being confident of the rectitude of the other, there is no rancor -between them; because they retain the desire of coalescing. In order to -effect this, they not long ago proposed a conference, and desired it might -be at my house, which gave me an opportunity of judging of their views. -They discussed together their points of difference for six hours, and in -the course of discussion agreed on mutual sacrifices. The effect of this -agreement has been considerably defeated by the subsequent proceedings of -the Assembly, but I do not know that it has been through any infidelity -of the leaders to the compromise they had agreed on. Another powerful -bond of union between these two parties, is our friend the Marquis de -La Fayette. He left the Assembly while they as yet formed but one party. -His attachment to both is equal, and he labors incessantly to keep them -together. Should he be obliged to take part against either, it will be -against that which shall first pass the Rubicon of reconciliation with the -other. I should hope, in this event, that his weight would be sufficient -to turn the scale decidedly in favor of the other. His command of the -armed militia of Paris (thirty thousand in number, and comprehending the -French guards who are five thousand regulars), and his influence with the -municipality, would secure their city; and though the armed militia and -municipalities of the other cities are in nowise subordinate to those of -Paris, yet they look up to them with respect, and look particularly to -the Marquis de La Fayette, as leading always to the rights of the people. -This turn of things is so probable, that I do not think either section -of the patriots will venture on any act, which will place themselves in -opposition to him. - -This being the face of things, troubled as you will perceive, civil war is -much talked of and expected; and this talk and expectation has a tendency -to beget it. What are the events which may produce it? 1. The want of -bread, were it to produce a commencement of disorder, might ally itself to -more permanent causes of discontent, and thus continue the effect beyond -its first cause. The scarcity of bread, which continues very great amidst -a plenty of corn, is an enigma which can be solved only by observing, that -the furnishing the city is in the new municipality, not yet masters of -their trade. 2. A public bankruptcy. Great numbers of the lower as well as -higher classes of the citizens, depend for subsistence on their property -in the public funds. 3. The absconding of the King from Versailles. This -has for some time been apprehended as possible. In consequence of this -apprehension, a person whose information would have weight, wrote to the -Count de Montmorin, adjuring him to prevent it by every possible means, -and assuring him that the flight of the King would be the signal of a -St. Barthelemi against the aristocrats in Paris, and perhaps through the -kingdom. M. de Montmorin showed the letter to the Queen, who assured him -solemnly that no such thing was in contemplation. His showing it to the -Queen, proves he entertained the same mistrust with the public. It may -be asked, what is the Queen disposed to do in the present situation of -things? Whatever rage, pride and fear can dictate in a breast which never -knew the presence of one moral restraint. - -Upon the whole, I do not see it as yet probable that any actual commotion -will take place; and if it does take place, I have strong confidence that -the patriotic party will hold together, and their party in the nation be -what I have described it. In this case, there would be against them the -aristocracy and the faction of Orleans. This consists, at this time, of -only the Catalines of the Assembly, and some of the lowest description -of the mob. Its force, _within the kingdom_, must depend on how much of -this last kind of people it can debauch with money from its present bias -to the right cause. This bias is as strong as any one can be, in a class -which must accept its bread from him who will give it. Its resources _out -of the kingdom_ are not known. Without doubt, England will give money to -produce and to feed the fire which should consume this country; but it -is not probable she will engage in open war for that. If foreign troops -should be furnished, it would be most probably by the King of Prussia, who -seems to offer himself as the bull-dog of tyranny to all his neighbors. He -might, too, be disturbed by the contagion of the same principles gaining -his own subjects, as they have done those of the Austrian Netherlands, -Liege, Cologne, and Hesse Cassel. The army of the latter Prince, joining -with his subjects, are said to have possessed themselves of the treasures -he had amassed by hiring troops to conquer us, and by other iniquities. -Fifty-four millions of livres is the sum mentioned. But all these means, -external and internal, must prove inadequate to their ultimate object, if -the nation be united as it is at present. Expecting within a few days to -leave Paris, and that this is my last letter on public subjects, I have -indulged myself in giving you a general view of things, as they appear -to me at the time of my leaving them. Mr. Short will have the honor -of continuing the narration, and of correcting it, where circumstances -unknown or unforeseen may give a different turn to events. - -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. NECKAR. - - Paris, September 26, 1789. - -Sir,--I had the honor of waiting on you at Versailles the day before -yesterday, in order to present my respects on my departure to America. I -was unlucky in the moment, as it was one in which you were gone out. - -I wished to have put into your hands, at the same time, the enclosed state -of the British northern fishery for the years 1788 and 1789, by which you -will see that they have lost in one year one-third of that fishery, the -effect, almost solely, of the _Arret_ which shut the ports of France to -their oils. - -I wished also to know, whether, while in America, I could be useful -towards encouraging supplies of provision to be brought to this country -the ensuing year. I am persuaded a considerable relief to the city -of Paris might be obtained, by permitting the importation of salted -provisions from the United States. Our salted beef particularly (which, -since the war, we have learned to prepare in the Irish manner, so as to be -as good as the best of that country), could be sold out to the people of -Paris for the half of what they pay for fresh meat. It would seem then, -that the laborer paying but half the usual price for his meat, might pay -the full price of his bread, and so relieve government from its loss -on that article. The interest of the _gabelles_ has been an objection -hitherto, to the importation of salted provisions. But that objection is -lessened by the reduction of the price of salt, and done away entirely by -the desire of the present government to consider the ease and happiness -of the people as the first object. In every country as fully peopled as -France, it would seem good policy to encourage the employment of its lands -in the cultivation of corn, rather than in pasturage, and consequently to -encourage the use of all kinds of salted provisions, because they can be -imported from other countries. It may be apprehended, that the Parisian, -habituated to fresh provision, would not use salted. Then he would not buy -them, and of course they would not be brought, so that no harm can be done -by the permission. On the contrary, if the people of Paris should readily -adopt the use of salted provisions, the good would result which is before -mentioned. Salt meat is not as good as fresh for soups, but it gives a -higher flavor to the vegetables boiled with it. The experience of a great -part of America, which is fed almost entirely on it, proves it to be as -wholesome as fresh meat. The sea scurvy, ascribed by some to the use of -salt meat, is equally unknown in America as in Europe. It is the want of -vegetables at sea which produces the scurvy. I have thus hastily mentioned -reasons and objections, to save you the time and trouble of recollecting -them. To you, Sir, it suffices, barely to mention them. Mr. Short, Chargé -des Affaires for the United States, will have the honor of delivering you -this, and of giving you any further details which you may be pleased to -require. - -I shall hope, on my return in the spring, to find your health -re-established, and your mind relieved, by a perfect settlement of the -affairs of the nation; and with my felicitations on those accounts, to -express to you those sentiments of profound respect and attachment with -which I have the honor to be, your Excellency's most obedient, and most -humble servant. - - -TO JOHN JAY. - - Havre, September 30, 1789. - -Dear Sir,--No convenient ship having offered from any port of France, I -have engaged one from London to take me up at Cowes, and am so far on my -way thither. She will land me at Norfolk, and as I do not know any service -that would be rendered by my repairing immediately to New York, I propose, -in order to economise time, to go directly to my own house, get through -the business which calls me there, and then repair to New York, where I -shall be ready to re-embark for Europe. But should there be any occasion -for government to receive any information I can give, immediately on -my arrival, I will go to New York on receiving your orders at Richmond. -They may probably be there before me, as this goes by Mr. Trumbull, bound -directly for New York. - -I enclose you herewith the proceedings of the National Assembly on -Saturday last, wherein you will perceive that the committee had approved -the plan of Mr. Neckar. I can add from other sure information received -here, that the Assembly adopted it the same evening. This plan may -possibly keep their payments alive till their new government gets into -motion; though I do not think it very certain. The public stocks lowered -so exceedingly the last days of my stay at Paris, that I wrote to our -bankers at Amsterdam, to desire they would retain till further orders the -thirty thousand guilders, or so much of it as had not yet come on. And as -to what might be already coming on, I recommended to Mr. Short to go and -take the acceptance himself, and keep the bill in his own hands till the -time of payment. He will by that time see what is best to be done with -the money. - -In taking leave of Monsieur de Montmorin, I asked him whether their -West India ports would continue open to us awhile. He said they would be -immediately declared open till February, and we may be sure they will be -so till the next harvest. He agreed with me, that there would be two or -three months' provision for the whole kingdom wanting for the ensuing -year. The consumption of bread for the whole kingdom, is two millions -of livres tournois a day. The people pay the real price of their bread -everywhere, except at Paris and Versailles. There the price is suffered -to vary very little as to them, and government pays the difference. It -has been supposed that this difference for some time past, has cost a -million a week. I thought the occasion favorable to propose to Monsieur de -Montmorin the free admission of our salted provisions, observing to him -particularly that our salted beef from the Eastern States could be dealt -out to the people of Paris for five or six sols the pound, which is but -half the common price they pay for fresh beef; that the Parisian paying -less for his meat, might pay more for his bread, and so relieve government -from its enormous loss on that article. His idea of this resource seemed -unfavorable. We talked over the objections of the supposed unhealthiness -of that food, its tendency to produce scurvy, the chance of its taking -with a people habituated to fresh meat, their comparative qualities -of rendering vegetables eatable, and the interests of the gabelles. He -concluded with saying the experiment might be tried, and with desiring me -to speak with Mr. Neckar. I went to Mr. Neckar, but he had gone to the -National Assembly. On my return to Paris, therefore, I wrote to him on -the subject, going over the objections which Monsieur de Montmorin had -started. Mr. Short was to carry the letter himself, and to pursue the -subject. - -Having observed that our commerce to Havre is considerably on the -increase, and that most of our vessels coming there, and especially those -from the eastward, are obliged to make a voyage round to the neighborhood -of the Loire and Garonne for salt, a voyage attended with expense, delay, -and more risk, I have obtained from the Farmers General, that they shall -be supplied from their magazines at Honfleur, opposite to Havre, at a -mercantile price. They fix it at present at sixty livres the _muid_, -which comes to about fifteen sous, or seven and a half pence sterling our -bushel; but it will vary as the price varies at the place from which they -bring it. As this will be a great relief to such of our vessels coming -to Havre, as might wish to take back salt, it may perhaps be proper to -notify it to our merchants. I enclose herewith Mr. Neckar's discourse to -the Assembly, which was not printed till I left Paris; and have the honor -to be, with sentiments of the most perfect esteem and respect, Sir, your -most obedient, and most humble servant. - - - - -PART III. - -LETTERS WRITTEN AFTER HIS RETURN TO THE U. S. DOWN TO THE TIME OF HIS -DEATH. - -1789-1826. - - -TO THE PRESIDENT. - - Chesterfield, December 15, 1789. - -Sir,--I have received at this place the honor of your letters of -October the 13th and November the 30th, and am truly flattered by your -nomination of me to the very dignified office of Secretary of State; -for which, permit me here to return you my humble thanks. Could any -circumstance seduce me to overlook the disproportion between its duties -and my talents, it would be the encouragement of your choice. But when I -contemplate the extent of that office, embracing as it does the principal -mass of domestic administration, together with the foreign, I cannot be -insensible of my inequality to it; and I should enter on it with gloomy -forebodings from the criticisms and censures of a public, just indeed in -their intentions, but sometimes misinformed and misled, and always too -respectable to be neglected. I cannot but foresee the possibility that -this may end disagreeably for me, who, having no motive to public service -but the public satisfaction, would certainly retire the moment that -satisfaction should appear to languish. On the other hand, I feel a degree -of familiarity with the duties of my present office, as far at least as I -am capable of understanding its duties. The ground I have already passed -over, enables me to see my way into that which is before me. The change of -government too, taking place in a country where it is exercised, seems to -open a possibility of procuring from the new rulers, some new advantages -in commerce, which may be agreeable to our countrymen. So that as far as -my fears, my hopes, or my inclinations might enter into this question, I -confess they would not lead me to prefer a change. - -But it is not for an individual to choose his post. You are to marshal -us as may best be for the public good; and it is only in the case of its -being indifferent to you, that I would avail myself of the option you have -so kindly offered in your letter. If you think it better to transfer me -to another post, my inclination must be no obstacle; nor shall it be, if -there is any desire to suppress the office I now hold, or to reduce its -grade. In either of these cases, be so good only as to signify to me by -another line your ultimate wish, and I shall conform to it cordially. If -it should be to remain at New York, my chief comfort will be to work under -your eye, my only shelter the authority of your name, and the wisdom of -measures to be dictated by you and implicitly executed by me. Whatever you -may be pleased to decide, I do not see that the matters which have called -me hither, will permit me to shorten the stay I originally asked; that -is to say, to set out on my journey northward till the month of March. -As early as possible in that month, I shall have the honor of paying my -respects to you in New York. In the meantime, I have that of tendering -you the homage of those sentiments of respectful attachment with which I -am, Sir, your most obedient, and most humble servant. - - -TO THE REV. CHARLES CLAY. - - Monticello, January 27, 1790. - -Dear Sir,--I had hoped that during my stay here I could have had the -pleasure of seeing you in Bedford, but I find it will be too short for -that. Besides views of business in that country, I had wished again to -visit that greatest of our curiosities, the Natural Bridge, and did not -know but you might have the same desire. I do not know yet how I am to -be disposed of, whether kept at New York, or sent back to Europe. If -the former, one of my happinesses would be the possibility of seeing you -there; for I understand you are a candidate for the representation of your -district in Congress. I cannot be with you to give you my vote, nor do -I know who are to be the competitors, but I am sure I shall be contented -with such a representative as you will make; because I know you are too -honest a patriot not to wish to see our country prosper by any means, -though they be not exactly those you would have preferred; and that you -are too well informed a politician, too good a judge of men, not to know, -that the ground of liberty is to be gained by inches, that we must be -contented to secure what we can get, from time to time, and eternally -press forward for what is yet to get. It takes time to persuade men to do -even what is for their own good. Wishing you every prosperity in this, -and in all your other undertakings (for I am sure from my knowledge of -you they will always be just), I am, with sincere esteem and respect, dear -Sir, your friend and servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Monticello, February 14, 1790. - -Sir,--I have duly received the letter of the 21st of January with which -you have honored me, and no longer hesitate to undertake the office to -which you are pleased to call me. Your desire that I should come on as -quickly as possible, is a sufficient reason for me to postpone every -matter of business, however pressing, which admits postponement. Still, -it will be the close of the ensuing week before I can get away, and then -I shall have to go by the way of Richmond, which will lengthen my road. -I shall not fail, however, to go on with all the despatch possible, nor -to satisfy you, I hope, when I shall have the honor of seeing you in New -York, that the circumstances which prevent my immediate departure, are not -under my control. I have now that of being, with sentiments of the most -perfect respect and attachment, Sir, your most obedient, and most humble -servant. - - -TO JOHN JAY, CHIEF JUSTICE OF THE UNITED STATES. - - Monticello, February 14, 1790. - -Dear Sir,--I am honored with your favor of December 12, and thank you for -your friendly congratulations on my return to my native country, as well -as for the interest you are pleased to express in the appointment with -which I have been honored. I have thought it my duty to undertake it, -though with no prepossessions in favor of my talents for executing it to -the satisfaction of the public. With respect to the young gentlemen in -the office of foreign affairs, their possession and your recommendation -are the strongest titles. But I suppose the ordinance establishing my -office, allows but one assistant; and I should be wanting in candor to you -and them, were I not to tell you that another candidate has been proposed -to me, on ground that cannot but command respect. I know neither him nor -them, and my hope is, that, as but one can be named, the object is too -small to occasion either mortification or disappointment to either. I -am sure I shall feel more pain at not being able to avail myself of the -assistance but of one of the gentlemen, than they will at the betaking -themselves to some better pursuit. I ask it of your friendship, my -dear Sir, to make them sensible of my situation, and to accept yourself -assurances of the sincere esteem and respect with which I have the honor -to be, dear Sir, your most obedient, and most humble servant. - - -TO WM. HUNTER, ESQ., MAYOR OF ALEXANDRIA. - - Alexandria, March 11, 1790. - -Sir,--Accept my sincere thanks for yourself and the worthy citizens of -Alexandria, for their kind congratulations on my return to my native -country. - -I am happy they have felt benefits from the encouragement of our commerce, -which have been given by an allied nation. But truth and candor oblige me, -at the same time, to declare, you are indebted for these encouragements -solely to the friendly dispositions of that nation, which has shown itself -ready on every occasion to adopt all arrangements which might strengthen -our ties of mutual interest and friendship. - -Convinced that the republican is the only form of government which is not -eternally at open or secret war with the rights of mankind, my prayers -and efforts shall be cordially distributed to the support of that we have -so happily established. It is indeed an animating thought, that while we -are securing the rights of ourselves and our posterity, we are pointing -out the way to struggling nations, who wish like us to emerge from their -tyrannies also. Heaven help their struggles, and lead them, as it has done -us, triumphantly through them. - -Accept, Sir, for yourself and the citizens of Alexandria, the homage of -my thanks for their civilities, and the assurance of those sentiments of -respect and attachment with which I have the honor to be, Sir, your most -obedient, and most humble servant. - - -TO M. RANDOLPH. - - New York, March 28, 1790. - -Dear Sir,--I arrived here on the 21st instant, after as laborious a -journey of a fortnight from Richmond as I ever went through; resting only -one day at Alexandria, and another at Baltimore. I found my carriage and -horses at Alexandria, but a snow of eighteen inches deep falling the same -night, I saw the impossibility of getting on in my own carriage, so left -it there, to be sent to me by water, and had my horses led on to this -place, taking my passage in the stage, though relieving myself a little -sometimes by mounting my horse. The roads through the whole way were so -bad that we could never go more than three miles an hour, sometimes not -more than two, and in the night but one. My first object was to look out -a house in the Broadway, if possible, as being the centre of my business. -Finding none there vacant for the present, I have taken a small one in -Maiden Lane, which may give me time to look about me. Much business had -been put by for my arrival, so that I found myself all at once involved -under an accumulation of it. When this shall be got through, I will be -able to judge whether the ordinary business of my department will leave -me any leisure. I fear there will be little. - -Letters from Paris to the 25th of December, inform me that the revolution -there was still advancing with a steady pace. There had been two -riots since my departure. The one on the 5th and 6th of October, which -occasioned the royal family to remove to Paris, in which nine or ten -of the Gardes de Corps fell, and among these a Chevalier de Daricourt, -brother of Madame de La Dillatte, and of Mademoiselle Daricourt ---- -friend. The second was on the 21st of the same month, in which a baker -had been hung by the mob. On this occasion, the government (_i. e._ the -National Assembly) proclaimed Martial Law in Paris, and had two of the -ringleaders of the mob seized, tried, and hung, which was effected without -any movement on the part of the people. Others were still to be tried. -The troubles in Brabant becomes serious. The insurgents have routed the -regular troops in every rencounter. - -Congress is principally occupied by the treasury report. The assumption -of the State debts has been voted affirmatively in the first instance, -but it is not certain it will hold its ground through all the changes -of the bill when it shall be brought in. I have recommended Mr. D. R. to -the President for the office he desired, in case of a vacancy. It seemed, -however, as if the President had had no intimation before, that a vacancy -was expected. - - * * * * * - - Yours affectionately. - - -TO GEORGE JOY. - - New York, March 31, 1790. - -Sir,--I have considered your application for sea letters for the ship -Eliza, and examined into the precedents which you supposed might influence -the determination. The resolution of Congress, which imposes this duty -on the Secretary for Foreign Affairs, provides expressly, "that it be -made to appear to him by oath or affirmation, or _by such other evidence -as shall by him be deemed satisfactory_, that the vessel is commanded -by officers, citizens of the United States." Your affidavit satisfies me -that one of the officers is a citizen of the United States; but you are -unacquainted with the others and without evidence as to them, and even -without a presumption that they are citizens, except so far as arises -on the circumstances of the captain's being an American, and the ship -sailing from an American port. Now, I cannot in my conscience say, that -this is _evidence of the fact, satisfactory to my mind_. The precedents -of relaxation by Mr. Jay, were all between the date of the resolution -of Congress (February the 12th, 1788) and his public advertisement, -announcing the evidence which must be produced. Since this last, the -proceedings have been uniform and exact. Having perfect confidence in your -good faith, and therefore without a suspicion of any fraud intended in -the present case, I could have wished sincerely to grant the sea letter; -but besides the letter of the law which ties me down, the public security -against a partial dispensation of justice, depends on its being dispensed -by certain rules. The slightest deviation in one circumstance, becomes -a precedent for another, that for a third, and so on, without bounds. A -relaxation in a case where it is certain no fraud is intended, is laid -hold of by others, afterwards, to cover fraud. I hope, therefore, you -will be sensible of the necessity of my adhering to the rules which have -been published and practised by my predecessor; and that I am with great -respect, Sir, your most obedient, and most humble servant. - - -TO DOCTOR WILLARD. - - New York, April 1, 1790. - -I have duly received the letter wherein you are so good as to notify -to me the honor done me by the American Academy of Arts and Sciences, -in electing me one of their members, together with the diploma therein -enclosed; and I beg leave through you, Sir, to return to the Academy the -homage of my thanks for their favor, and to express to them the grateful -sense I have of it. I only regret the small prospect I have of being -useful to them, engaged as I continually am in occupations less pleasing -to me, and which would be better performed by others. Unacquainted with -the duties which the election into your Academy imposes on me, I can only -express my desire of fulfilling them on their being made to me. - -Mr. Read has explained to me his drawings and models. They prove that he -merits the character you are pleased to give of him. He waits at present -the passage of a law for securing to inventors the benefit of their own -ingenuity. I have the honor to be, with the most respectful esteem, Sir, -your most obedient, and most humble servant. - - -TO THE MARQUIS DE LA FAYETTE. - - New York, April 2, 1790. - -Behold me, my dear friend, elected Secretary of State, instead of -returning to the far more agreeable position which placed me in the -daily participation of your friendship. I found the appointment in the -newspapers the day of my arrival in Virginia. I had indeed been asked -while in France, whether I would accept of any appointment at home, and -I had answered that, not meaning to remain long where I was, I meant it -to be the last office I should ever act in. Unfortunately this letter -had not arrived at the time of arranging the new Government. I expressed -freely to the President my desire to return. He left me free, but still -showing his own desire. This, and the concern of others, more general -than I had a right to expect, induced, after three months parleying, to -sacrifice my own inclinations. I have been here, then, ten days harnessed -in new gear. Wherever I am, or ever shall be, I shall be sincere in my -friendship to you and to your nation. I think with others, that nations -are to be governed with regard to their own interests, but I am convinced -that it is their interest, in the long run, to be grateful, faithful -to their engagements, even in the worst of circumstances, and honorable -and generous always. If I had not known that the head of our government -was in these sentiments, and that his national and private ethics were -the same, I would never have been where I am. I am sorry to tell you his -health is less firm than it used to be. However, there is nothing in it -to give alarm. The opposition to our new Constitution has almost totally -disappeared. Some few indeed had gone such lengths in their declarations -of hostility, that they feel it awkward perhaps to come over; but the -amendments proposed by Congress, have brought over almost all their -followers. If the President can be preserved a few years till habits of -authority and obedience can be established generally, we have nothing to -fear. The little vaut-rien, Rhode Island, will come over with a little -more time. Our last news from Paris is of the 8th of January. So far it -seemed that your revolution had got along with a steady peace; meeting -indeed occasional difficulties and dangers, but we are not to expect to -be translated from despotism to liberty in a feather-bed. I have never -feared for the ultimate result, though I have feared for you personally. -Indeed, I hope you will never see such another 5th or 6th of October. Take -care of yourself, my dear friend, for though I think your nation would in -any event work out her salvation, I am persuaded, were she to lose you, it -would cost her oceans of blood, and years of confusion and anarchy. Kiss -and bless your dear children for me. Learn them to be as you are, a cement -between our two nations. I write to Madame de La Fayette, so have only -to add assurances of the respect of your affectionate friend and humble -servant. - - -MADAME DE CORNY. - - New York, April 2, 1790. - -I had the happiness, my dear friend, to arrive in Virginia, after a voyage -of twenty-six days only, of the finest autumn weather it was possible to -have; the wind having never blown harder than we would have desired it. -On my arrival I found my name in the newspapers announced as Secretary -of State. I made light of it, supposing I had only to say "No," and there -would be an end of it. It turned out, however, otherwise. For though I was -left free to return to France, if I insisted on it, yet I found it better -in the end to sacrifice my own inclinations to those of others. After -holding off, therefore, near three months, I acquiesced. I did not write -to you while this question was in suspense, because I was in constant -hope of being able to say to you certainly that I should return. Instead -of that, I am now to say certainly the contrary, and instead of greeting -you personally in Paris, I am to write you a letter of adieu. Accept, -then, my dear Madam, my cordial adieu, and my grateful thanks for all the -civilities and kindnesses I have received from you. They have been greatly -more than I had a right to expect, and they have excited in me a warmth of -esteem which it was imprudent in me to have given way to for a person whom -I was one day to be separated from. Since it is so, continue towards me -those friendly sentiments I have always flattered myself you entertained; -let me hear from you sometimes, assured that I shall always feel a warm -interest in your happiness. Your letter of November 25 afflicts me; but -I hope that a revolution so pregnant with the general happiness of the -nation, will not in the end injure the interests of persons who are so -friendly to the general good of mankind as yourself and M. de Corny. -Present to him my most affectionate esteem, and ask a place for me in his -recollection. - - * * * * * - -Your affectionate friend and humble servant. - - -MADAME LA COMTESSE D'HOUDETOT. - - New York, April 2, 1790. - -Being called by our Government to assist in its domestic administration, -instead of paying my respects to you in person as I had hoped, I am -to write you a letter of adieu. Accept, I pray you, Madam, my grateful -acknowledgments for the manifold kindnesses by which you added so much -to the happiness of my stay in Paris. I have found here a philosophic -revolution, philosophically effected. Yours, though a little more -turbulent, has, I hope by this time, issued in success and peace. -Nobody prays for it more sincerely than I do, and nobody will do more to -cherish a union with a nation, dear to us through many ties, and now more -approximated by the change in its government. - -I found our friend Doctor Franklin in his bed--cheerful and free from -pain, but still in his bed. He took a lively interest in the details I -gave him of your revolution. I observed his face often flushed in the -course of it. He is much emaciated. Monsieur de Crevecoeur is well, but -a little apprehensive that the spirit of reforming and economizing may -reach his office. A good man will suffer if it does. Permit me, Madame la -Comtesse, to place here my sincere respects to Monsieur le Comte Houdetot -and to Monsieur de St. Lambert. The philosophy of the latter will have -been greatly gratified to see a regeneration of the condition of man in -Europe so happily begun in his own country. Repeating to you, Madam, my -sense of your goodness to me, and my wishes to prove it on every occasion, -adding my sincere prayers that Heaven may bless you with many years of -life and health, I pray you to accept here the homage of those sentiments -of respect and attachment with which I have the honor to be, Madame la -Comtesse, your most obedient, and most humble servant. - - -TO MADAME LA DUCHESSE D'AUVILLE. - - New York, April 2, 1790. - -I had hoped, Madame la Duchesse, to have again had the pleasure of paying -my respects to you in Paris, but the wish of our Government that I should -take a share in its administration, has become a law to me. Could I have -persuaded myself that public offices were made for private convenience, -I should undoubtedly have preferred a continuance in that which placed me -nearer to you; but believing, on the contrary, that a good citizen should -take his stand where the public authority marshals him, I have acquiesced. -Among the circumstances which will reconcile me to my new position, are -the opportunities it will give me of cementing the friendship between our -two nations. Be assured, that to do this is the first wish of my heart. -I have but one system of ethics for men and for nations--to be grateful, -to be faithful to all engagements under all circumstances, to be open -and generous, promoting in the long run even the interests of both; and I -am sure it promotes their happiness. The change in your government will -approximate us to one another. You have had some checks, some horrors -since I left you; but the way to Heaven, you know, has always been said -to be strewed with thorns. Why your nation have had fewer than any other -on earth, I do not know, unless it be that it is the best on earth. -I assure you, Madam, moreover, that I consider yourself personally as -with the foremost of your nation in every virtue. It is not flattery, my -heart knows not that; it is a homage to sacred truth, it is a tribute I -pay with cordiality to a character in which I saw but one error; it was -that of treating me with a degree of favor I did not merit. Be assured -I shall always retain a lively sense of your goodness to me, which was a -circumstance of principal happiness to me during my stay in Paris. I hope -that by this time you have seen that my prognostications of a successful -issue to your revolution, have been verified. I feared for you during -a short interval; but after the declaration of the army, though there -might be episodes of distress, the denouements was out of doubt. Heaven -send that the glorious example of your country may be but the beginning -of the history of European liberty, and that you may live many years in -health and happiness to see at length that Heaven did not make man in its -wrath. Accept the homage of those sentiments of sincere and respectful -esteem with which I have the honor to be, Madame la Duchesse, your most -affectionate and obedient humble servant. - - -TO THE DUKE DE LA ROCHEFOUCAULT. - - New York, April 3, 1790. - -Dear Sir,--A call to take a part in the domestic administration of our -Government, obliges me to abandon the expectation of paying my respects -to you in person, in Paris. Though removed to a greater distance in -future, and deprived of the pleasure and advantages of your conversation -and society, which contributed so much to render my residence in Paris -agreeable, I shall not be the less anxious for your health and happiness, -and for the prosperous issue of the great revolution in which you have -taken so zealous and distinguished a part. By this time I hope it is -happily concluded, and that the new constitution, after receiving the -finishing hand from the National Assembly, is now putting into regular -motion by the convocation of a new legislature. I find my countrymen -as anxious for your success as they ought to be; and thinking with -the National Assembly in all points except that of a single house of -legislation. They think their own experience has so decidedly proved the -necessity of two Houses to prevent the tyranny of one, that they fear -that this single error will shipwreck your new constitution. I am myself -persuaded that theory and practice are not at variance in this instance, -and that you will find it necessary hereafter to add another branch. But I -presume you provide a facility of amending your constitution, and perhaps -the necessity may be altogether removed by a council of revision well -constituted. - -Accept, Sir, my sincere thanks for all your kindnesses, permit me to place -here those which I owe to Madame La Duchesse de La Rochefoucault, and -which I render with the greatest cordiality. Were her system of ethics -and of government the system of every one, we should have no occasion -for government at all. I hope you will both live long years of health and -happiness to see in full ripeness the fruit of your own revolution, and -also that which seems blossoming in other parts of Europe. Accept, both, -the homage of that affectionate and respectful attachment with which I -have the honor to be your most obedient, and most humble servant. - - -TO THE COUNT DE MONTMORIN. - - New York, April 6, 1790. - -Sir,--The President of the United States having thought proper to assign -to me other functions than those of their Minister Plenipotentiary near -the King, I have the honor of addressing to your Excellency my letters of -recall, and of beseeching you to be so good as to present them, with the -homage of my respectful adieus, to his Majesty. - -It is with great satisfaction that I find myself authorized to conclude, -as I had begun my mission, with assurances of the attachment of our -government to the King and his people, and of its desire to preserve -and strengthen the harmony and good understanding, which has hitherto so -happily subsisted between the two nations. - -Give me leave to place here, also, my acknowledgments to your Excellency, -personally, for the facilities you have been pleased always to give in the -negotiation of the several matters I have had occasion to treat with you, -during my residence at your court. They were ever such as to evince, that -the friendly dispositions towards our republic which you manifested even -from its birth, were still found consistent with that patriotism of which -you have continued to give such constant and disinterested proofs. May -this union of interests forever be the patriot's creed in both countries. -Accept my sincere prayers that the King, with life and health, may be long -blessed with so faithful and able a servant, and you with a Prince, the -model of royal excellence; and permit me to retain to my latest hours, -those sentiments of affectionate respect and attachment, with which I have -the honor to be, your Excellency's most obedient, and most humble servant. - - -TO WILLIAM CARMICHAEL. - - New York, April 11, 1790. - -Sir,--A vessel being about to sail from this port for Cadiz, I avail -myself of it to inform you, that under the appointment of the President -of the United States, I have entered on the duties of Secretary of State, -comprehending the department of Foreign Affairs. - -Mr. Jay's letter of October the 2d, acknowledged the receipt of the last -of yours which have come to hand. Since that date he wrote you on the 7th -of December, enclosing a letter for Mr. Chiappe. - -The receipt of his letter of September the 9th, 1788, having never been -acknowledged, the contents of which were important and an answer wished -for, I send you herewith a duplicate, lest it should have miscarried. - -You will also receive herewith, a letter of credence for yourself, to be -delivered to the Count de Florida Blanca, after putting thereon the proper -address, with which I am unacquainted. A copy of it is enclosed for your -information. - -I beg leave to recommend the case of Don Blas Gonzalez to your good -offices with the court of Spain, enclosing you the documents necessary -for its illustration. You will perceive, that two vessels were sent -from Boston in the year 1787, on a voyage of discovery and commercial -experiment in general, but more particularly to try a fur trade with the -Russian settlements, on the northwest coast of our continent, of which -such wonders had been published in Captain Cook's voyages, that it excited -similar expeditions from other countries also; and that the American -vessels were expressly forbidden to touch at any Spanish port, but in -cases of extreme distress. Accordingly, through the whole of their voyage -through the extensive latitudes held by that crown, they never put into -any port but in a single instance. In passing near the island of Juan -Fernandez, one of them was damaged by a storm, her rudder broken, her -masts disabled, and herself separated from her companion. She put into -the island to refit, and at the same time, to wood and water, of which she -began to be in want. Don Blas Gonzalez, after examining her, and finding -she had nothing on board but provisions and charts, and that her distress -was real, permitted her to stay a few days, to refit and take in fresh -supplies of wood and water. For this act of common hospitality, he was -immediately deprived of his government, unheard, by superior order, and -remains still under disgrace. We pretend not to know the regulations of -the Spanish government, as to the admission of foreign vessels into the -ports of their colonies; but the generous character of the nation is a -security to us, that their regulations can, in no instance, run counter to -the laws of nature; and among the first of her laws, is that which bids -us to succor those in distress. For an obedience to this law, Don Blas -appears to have suffered; and we are satisfied, it is because his case -has not been able to penetrate to his Majesty's ministers, at least in its -true colors. We would not choose to be committed by a formal solicitation, -but we would wish you to avail yourself of any good opportunity of -introducing the truth to the ear of the minister, and of satisfying him, -that a redress of this hardship on the Governor, would be received here -with pleasure, as a proof of respect to those laws of hospitality which -we would certainly observe in a like case, as a mark of attention towards -us, and of justice to an individual for whose sufferings we cannot but -feel. - -With the present letter, you will receive the public and other papers, -as usual, and I shall thank you in return, for a regular communication of -the best gazettes published in Madrid. - -I have the honor to be, with sentiments of the most perfect esteem, Sir, -your most obedient, and most humble servant. - - -TO MR. GRAND. - - New York, April 23, 1790. - -Dear Sir,--You may remember that we were together at the Hotel de La -Monnoye, to see Mr. Drost strike coins in his new manner, and that you -were so kind as to speak with him afterwards on the subject of his coming -to America. We are now in a condition to establish a mint, and should -be desirous of engaging him in it. I suppose him to be at present in the -service of Watts and Bolton, the latter of whom you may remember to have -been present with us at the Monnoye. I know no means of communicating our -dispositions to Drost so effectually as through your friendly agency, -and therefore take the liberty of asking you to write to him, to know -what emoluments he receives from Watts and Bolton, and whether he would -be willing to come to us for the same? If he will, you may give him an -expectation, but without an absolute engagement, that we will call for -him immediately, and that with himself, we may probably take and pay him -for all the implements of coinage he may have, suited to our purpose. If -he asks higher terms, he will naturally tell you so, and what they are; -and we must reserve a right to consider of them. In either case, I will -ask your answer as soon as possible. I need not observe to you, that this -negotiation should be known to nobody but yourself, Drost and Mr. Short. -The good old Dr. Franklin, so long the ornament of our country, and I may -say, of the world, has at length closed his eminent career. He died on the -17th instant, of an imposthume of his lungs, which having suppurated and -burst, he had not strength to throw off the matter, and was suffocated by -it. His illness from this imposthume was of sixteen days. Congress wear -mourning for him, by a resolve of their body. - -I beg you to present my friendly respects to Madame Grand, the elder and -younger, and to your son, and believe me to be, with sentiments of great -esteem and attachment, dear Sir, your most obedient, and most humble -servant. - - -TO THE MARQUIS DE LA LUZERNE. - - New York, April 30, 1790. - -Sir,--When in the course of your legation to the United States, your -affairs rendered it necessary that you should absent yourself awhile from -that station, we flattered ourselves with the hope that that absence -was not final. It turned out, in event, that the interests of your -sovereign called for your talents and the exercise of your functions, in -another quarter. You were pleased to announce this to the former Congress -through their Secretary for Foreign Affairs, at a time when that body was -closing its administration, in order to hand it over to a government then -preparing on a different model. This government is now formed, organized, -and in action; and it considers among its earliest duties, and assuredly -among its most cordial, to testify to you the regret which the people and -government of the United States felt at your removal from among them; a -very general and sincere regret, and tempered only by the consolation of -your personal advancement, which accompanied it. You will receive, Sir, -by order of the President of the United States, as soon as they can be -prepared, a medal and chain of gold, of which he desires your acceptance, -in token of their esteem, and of the sensibility with which they will ever -recall your legation to their memory. - -But as this compliment may hereafter be rendered to other missions, from -which yours was distinguished by eminent circumstances, the President -of the United States wishes to pay you the distinguished tribute of an -express acknowledgment of your services, and our sense of them. You came -to us, Sir, through all the perils which encompassed us on all sides. -You found us struggling and suffering under difficulties, as singular and -trying as our situation was new and unprecedented. Your magnanimous nation -had taken side with us in the conflict, and yourself became the centre -of our common councils, the link which connected our common operations. -In that position you labored without ceasing, till all our labors were -crowned with glory to your nation, freedom to ours, and benefit to both. -During the whole, we had constant evidence of your zeal, your abilities, -and your good faith. We desire to convey this testimony of it home to your -own breast, and to that of your sovereign, our best and greatest friend; -and this I do, Sir, in the name, and by the express instruction of the -President of the United States. - -I feel how flattering it is to me, Sir, to be the organ of the public -sense on this occasion, and to be justified by that office, in adding to -theirs, the homage of those sentiments of respect and esteem with which -I have the honor to be, your Excellency's most obedient, and most humble -servant. - - -TO WILLIAM SHORT. - - New York, April 30, 1790. - -Dear Sir,--My last letter to you was of the 6th instant, acknowledging the -receipt of your favors of the 2d and 6th of January. Since that, Mr. Jay -has put into my hands yours of the 12th of January, and I have received -your note of February the 10th, accompanying some newspapers. - -Mine of the 6th covered the President's letter to the King for my recall, -and my letters of leave for myself and of credence to you, for the Count -de Montmorin, with copies of them for your information. Duplicates of -all these accompany the present; and an original commission for you as -chargé des affaires, signed by the President. At the date of my former -letters, I had not had time to examine with minuteness the proper form of -credentials under our new Constitution: I governed myself, therefore, by -foreign precedents, according to which a chargé des affaires is furnished -with only a letter of credence from one minister of Foreign Affairs to the -other. Further researches have shown me, that under our new Constitution, -all commissions (or papers amounting to that) must be signed by the -President. You will judge whether any explanation on this subject to M. de -Montmorin be necessary. I enclose you also the copy of a letter written to -the Marquis de La Luzerne, to be communicated to the Count de Montmorin, -and by him to the King, if he thinks proper. - -It has become necessary to determine on a present proper to be given to -diplomatic characters on their taking leave of us; and it is concluded -that a medal and chain of gold will be the most convenient. I have, -therefore, to ask the favor of you to order the dies to be engraved with -all the despatch practicable. The medal must be of thirty lines diameter, -with a loop on the edge to receive the chain. On one side, must be the -arms of the United States, of which I send you a written description, -and several impressions in wax to render that more intelligible; round -them, as a legend, must be "The United States of America." The device of -the other side we do not decide on. One suggestion has been a Columbia -(a fine female figure) delivering the emblems of peace and commerce to a -Mercury, with a legend "Peace and Commerce" circumscribed, and the date -of our republic, to wit, 4th July, MDCCLXXVI., subscribed as an exergum; -but having little confidence in our own ideas in an art not familiar here, -they are only suggested to you, to be altered, or altogether postponed -to such better device as you may approve on consulting with those who are -in the habit and study of medals. Duvivier and Dupré seem to be the best -workmen; perhaps the last is the best of the two. - -The public papers which accompany this, will give you fully the news of -this quarter. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO MR. RANDOLPH. - - New York, May 30, 1790. - -Dear Sir,--I at length find myself, though not quite well, yet -sufficiently so to resume business in a moderate degree. I have, -therefore, to answer your two favors of April 23 and May 3, and in the -first place to thank you for your attention to the Paccan, Gloucester and -European walnuts, which will be great acquisitions at Monticello. I will -still ask your attention to Mr. Foster's boring machines, lest he should -go away suddenly, and the opportunity of getting it be lost. I enquired of -Mr. Hamilton the quantity of coal imported; but he tells me there are not -returns as yet sufficient to ascertain it; but as soon as there shall be I -shall be informed. I am told there is a considerable prejudice against our -coal in these Northern States. I do not know whence it proceeds; perhaps -from the want of attention to the different species, and an ignorant -application of them to cross purposes. I have not begun my meteorological -diary, because I have not yet removed to the house I have taken. I remove -to-morrow; but as far as I can judge from its aspects, there will not be -one position to be had for the thermometer free from the influence of the -sun both morning and evening. However, as I go into it only till I can get -a better, I shall hope ere long to find a less objectionable situation. -You know that during my short stay at Monticello I kept a diary of the -weather. Mr. Madison has just received one comprehending the same period, -kept at his father's at Orange. The hours of observation were the same, -and he has the fullest confidence in the accuracy of the observer. All the -morning observations in Orange are lower than those of Monticello, from -one to, I believe, fifteen or sixteen degrees; the afternoon observations -are near as much higher as those of Monticello. Nor will the variations -permit us to ascribe them to any supposed irregularities in either tube; -because, in that case, at the same point the variation would always be -the same, which it is not. You have often been sensible that in the -afternoon, or rather evening, the air has become warmer in ascending -the mountain. The same is true in the morning. This might account for a -higher station of the mercury in the morning observations at Monticello. -Again, when the air is equally dry in the lower and higher situations, -which may be supposed the case in the warmest part of the day, the -mercury should be lower on the latter, because, all other circumstances -the same, the nearer the common surface the warmer the air. So that on a -mountain it ought really to be warmer in the morning and cooler in the -heat of the day than on the common plain, but not in so great a degree -as these observations indicate. As soon as I am well enough I intend to -examine them more accurately. Your resolution to apply to the study of -the law, is wise in my opinion, and at the same time to mix with it a -good degree of attention to the farm. The one will relieve the other. The -study of the law is useful in a variety of points of view. It qualifies a -man to be useful to himself, to his neighbors, and to the public. It is -the most certain stepping-stone to preferment in the political line. In -political economy, I think Smith's Wealth of Nations the best book extant; -in the science of government, Montesquieu's Spirit of Laws is generally -recommended. It contains, indeed, a great number of political truths; but -also an equal number of heresies: so that the reader must be constantly -on his guard. There has been lately published a letter of Helvetius, who -was the intimate friend of Montesquieu, and whom he consulted before the -publication of his book. Helvetius advised him not to publish it; and in -this letter to a friend he gives us a solution for the mixture of truth -and error found in this book. He says Montesquieu was a man of immense -reading; that he had commonplaced all his reading, and that his object -was to throw the whole contents of his commonplace book into systematical -order, and to show his ingenuity by reconciling the contradictory facts -it presents. Locke's little book on Government, is perfect as far as it -goes. Descending from theory to practice there is no better book than -the Federalist. Burgh's Political Disquisitions are good also, especially -after reading De Lome. Several of Hume's Political Essays are good. There -are some excellent books of theory written by Turgot and the economists of -France. For parliamentary knowledge, the Lex Parliamentaria is the best -book. On my return to Virginia in the fall, I cannot help hoping some -practicable plan may be devised for your settling in Albemarle, should -your inclination lead you to it. Nothing could contribute so much to my -happiness were it at the same time consistent with yours. You might get -into the Assembly for that county as soon as you should please. - -A motion has been made in the Senate to remove the Federal Government to -Philadelphia. There was a trial of strength on a question for a week's -postponement. On that it was found there would be eleven for the removal, -and thirteen against it. The motion was therefore withdrawn and made in -the other house, where it is still depending, and of very uncertain event. -The question of the assumption is again brought on. The parties were so -nearly equal on the former trial that it is very possible, that with some -modifications, it may yet prevail. The tonnage bill will probably pass, -and must, I believe, produce salutary effects. It is a mark of energy -in our government, in a case, I believe, where it cannot be parried. The -French revolution still goes on well, though the danger of a suspension -of payments is very imminent. Their appeal to the inhabitants of their -colonies to say on what footing they wish to be placed, will end, I hope, -in our free admissions into their islands with our produce. This precedent -must have consequences. It is impossible the world should continue long -insensible to so evident a truth as that the right to have commerce and -intercourse with our neighbors, is a natural right. To suppress this -neighborly intercourse is an exercise of force, which we shall have a -just right to remove when the superior force. Dear Sir, your affectionate -friend. - - -TO WILLIAM SHORT. - - New York, June 6, 1790. - -Dear Sir,--Having written to you so lately as the 27th of May, by M. de -Crevecoeur, I have little new to communicate. My headache still continues -in a slight degree, but I am able to do business. To-morrow I go on a -sailing party of three or four days with the President. I am in hopes -of being relieved entirely by the sickness I shall probably encounter. -The President is perfectly re-established, and looks better than before -his illness. The question of removal to Philadelphia was carried in the -House of Representatives by 38, against 22. It is thought the Senate -will be equally divided, and consequently that the decision will rest on -the Vice-President, who will be himself divided between his own decided -inclinations to stay here, and the unpopularity of being the sole obstacle -to what appears the wish of so great a majority of the people expressed -by proportional representation. Rhode Island has at length acceded to the -Union by a majority of two voices only, in their convention. Her Senators -will be here in about ten days or a fortnight. The opposers of removal -in the Senate try to draw out time till their arrival. Therefore, they -have connected the resolution of the lower House with a bill originated -with them to fix a permanent residence, and have referred both to the -same committee. Deaths are, Colonel Bland at this place, and old Colonel -Corbin in Virginia. The naming a minister for Paris, awaits the progress -of a bill before the legislature. They will probably adjourn to the 1st of -December, as soon as they have got through the money business. The funding -bill is passed, by which the President is authorized to borrow money for -transferring our foreign debt. But the ways and means bill being not yet -passed, the loan cannot be commenced till the appropriations of revenue -are made, which is to give credit to the loan. - - * * * * * - -Remember me to all my friends, and be assured of the sincere esteem of, -dear Sir, your affectionate friend and servant. - - -TO COLONEL GEORGE MASON. - - New York, June 13, 1790. - -Dear Sir,--I have deferred acknowledging the receipt of your favor of -March 16th, expecting daily that the business of the Consulships would -have been finished. But this was delayed by the President's illness, and a -very long one of my own, so that it is not till within these two or three -days that it has been settled. That of Bordeaux is given to Mr. Fenwick, -according to your desire. The commission is making out and will be signed -to-morrow or next day. - -I intended fully to have had the pleasure of seeing you at Gunstan Hall -on my way here, but the roads being so bad that I was obliged to leave -my own carriage to get along as it could, and to take my passage in the -stage. I could not deviate from the stage road. I should have been happy -in a conversation with you on the subject of our new government, of which, -though I approve of the mass, I would wish to see some amendments, further -than those which have been proposed, and fixing it more surely on a -republican basis. I have great hopes that pressing forward with constancy -to these amendments, they will be obtained before the want of them will -do any harm. To secure the ground we gain, and gain what more we can, -is, I think, the wisest course. I think much has been gained by the late -constitution; for the former was terminating in anarchy, as necessarily -consequent to inefficiency. The House of Representatives have voted to -remove to Baltimore, by a majority of 53, against 6. This was not the -effect of choice, but of confusion into which they had been brought by -the event of other questions, and their being hampered with the rules of -the House. It is not certain what will be the vote of the Senate. Some -hope an opening will be given to convert it into a vote of the temporary -seat at Philadelphia, and the permanent one at Georgetown. The question -of assumption will be brought on again, and its event is doubtful. Perhaps -its opponents would be wiser to be less confident in their success, and to -compromise by agreeing to assume the State debts still due to individuals, -on condition of assuming to the States at the same time what they have -paid to individuals, so as to put the States in the shoes of those of -their creditors whom they have paid off. Great objections lie to this, -but not so great as to an assumption of the unpaid debts only. My duties -preventing me from mingling in these questions, I do not pretend to be -very competent to their decision. In general, I think it necessary to give -as well as take in a government like ours. I have some hope of visiting -Virginia in the fall, in which case I shall still flatter myself with the -pleasure of seeing you; in the meantime, I am, with unchanged esteem and -respect, my dear Sir, your most obedient friend and servant. - - -TO DAVID RITTENHOUSE. - - New York, June 14, 1790. - -Dear Sir,--I enclosed you the day before yesterday a rough draught of -the report I had prepared on the subject of weights and measures. I have -this morning received from Mr. Short a proposition made by the Bishop of -Autun to the National Assembly of France, on the same subject, which I -enclose you, and will beg the favor of you to return it by post after you -shall have perused it. He mentions that the latitude of 45°, as being a -middle term between the equator and pole, had been proposed as the general -standard for measures, and he makes the proposition anew, and desires -it may be made to England. As this degree of latitude is our northern -boundary, as it may form a link between us and Europe, and as the degree -which shall otherwise give the standard is not otherwise very material, -I have thought of proposing it in my report instead of the 38th degree. I -have in consequence gone over my calculations again upon the ground of a -pendulum of 36.-8.428. (Sir Isaac Newton's calculation for 45°) 39.14912 -inches giving a rod of 58.72368 inches, and reformed the tables (last page -of the report), of which reformation I send you a copy. The alterations -in the body of the work may be easily made from this. The Bishop says the -pendulum has been calculated for 45° to be 36.-8.52. this 1-10 of a line -less than Sir Isaac Newton's, and the Bishop accordingly adds, that there -may be in this calculation an error of 1-10 of a line. - -I had taken no notice of the precaution of making the experiment of the -pendulum on the sea shore, because the highest mountain in the United -States would not add 1-5000 part to the length of the earth's radius, nor -1-128 of an inch to the length of the pendulum; the highest part of the -Andes indeed might add about 1-1000 to the earth's radius, and 1-25 of an -inch to the pendulum; as it has been thought worth mention, I will insert -it also. - -Your letter of April 20th, was duly attended to by me, but I fancy the -successor had been decided on before it was known to the public that there -would be a vacancy. - -I am, with great esteem, my dear Sir, your sincere friend and humble -servant. - - -TO DAVID RITTENHOUSE. - - New York, June 20, 1790. - -Dear Sir,--I enclosed you on the 17th the alterations I had made in my -report in consequence of the Bishop of Autun's proposition, which had -come to my hands two days before. On the 18th, I received from Mr. Cutter -in London a packet of newspapers, among which were the two enclosed, -containing the speech in Parliament of Sir John Riggs Miller, on the -subject of weights and measures. I observe, he states the estimate of 39.2 -I. for the length of the pendulum as confessedly erroneous. I had adopted -it from memory only, and before I had been able to get a single book of -any kind, in the first part of the report, wherein I endeavor to ascertain -and fix invariably the system of measures and weights now in use with us. -But before I proceeded to the second part, proposing a thorough reform, -and reducing the whole to the decimal ratio, I had been able to procure -here a copy of the Principia, and so to recur to the fountain head for -Sir I. Newton's calculations, and then added the note, which you will find -page 3 of the report, doubting what could have been the foundation of the -common imputation of the estimate of 39.2 to Sir I. Newton, and stating -the grounds of that of 39.1682 for the latitude of 51° 31' of 39.1285 for -38°, which I had at first adopted, and 39.14912 for 45°, which I took on -receiving the Bishop of Autun's proposition. I have now thought I might -venture to take for granted, that the estimate of 39.2 is as erroneous as -I had supposed it, and therefore to expunge it from the first branch of -the report, and substitute in its stead 39.1682; and to change a passage -under the head of "Measures of length" into the following form: - -"They furnish no means to persons at a distance of knowing what this -standard is. This, however, is supplied by the evidence of the second -pendulum, which, according to the authority before quoted, being 39.1682 -I. for the latitude of London, and consequently the second rod for the -same latitude being 58.7523, we are first to find by actual trial the rod -for 45, and to add to that 287/10000 of an inch, or rather 3/10 of a line -(which in practice will endanger less error than an attempt at so minute a -fraction as 10,000th parts of an inch), this will give us the true measure -of 58-3/4 English inches. Or, to shorten the operation, and yet obtain the -result we seek, let the standard rod of 45° be divided into 587-1/5 equal -parts, and let each of these parts be declared a line, and ten lines an -inch," &c. - -I propose also to strike out the note (page 3) before mentioned, and to -substitute the following in its place: - -"The length of the pendulum has been differently estimated by different -persons. Knowing no reason to respect any of them more than Sir Isaac -Newton for skill, care, or candor, I had adopted his estimate of -39.149 I. for our northern limit of 45°, before I saw the different -propositions of the Bishop of Autun, and Sir John Riggs Miller. The -first of these gentlemen quotes Mairan's calculation for 48° 50', the -latitude of Paris, to wit, 504:257::72: to a 4th proportional, which -will be 36.71428=39.1923 inches. The difference between the pendulum for -48° 50' and 45°, as calculated by Sir I. Newton, is .0112 I. so that the -pendulum for 45° would be estimated, according to the Bishop of Autun, -at 39.1923-.0112=39.1811. Sir John Riggs Miller proposes 39.126, being -Graham's determination for 51° 31', the latitude of London. The difference -between the pendulum for 51° 31', and 45° by Sir I. Newton, is .019 I., -so that the pendulum for 45° should be estimated according to Sir J. R. -Miller, at 39.126-.019=39.107 I. Now, dividing our respect between these -two results, by taking their mean, to wit, (39.181 + 39.107)/2=39.144, we -find ourselves almost exactly with Sir I. Newton, whose estimate of 39.149 -we had already adopted." - -I propose also to reform a passage under the head of Weights, in the first -branch of the report, to stand thus: - -"Let it then be established, that an ounce is the weight of a cube of -rain water of one-tenth of a foot, _or rather, that it is the thousandth -part of the weight of a cubic foot of rain water_ weighed in the standard -temperature," &c. - -All which I submit to your judgment, and I will ask you particularly -to examine the numbers .0112 and .019, as I have no help here to find -them otherwise than by approximation. I have wished much, but in vain, -Emerson's and Ferguson's books here. In short, I never was cut off from -the resources of my own books and papers at so unlucky a moment. There is -a Count Andriani, of Milan, here, who says there is a work on the subject -of weights and measures published by Trisi of Milan. Perhaps you may -have it at Philadelphia, and be able to send it to me. Were it not for my -confidence in your assistance, I should not have ventured to take up this -business till I received my books. - -I am, my dear Sir, with great and sincere esteem, your friend and servant. - - -TO JAMES MONROE. - - New York, June 20, 1790. - -Dear Sir,--An attack of a periodical headache, which, though violent -for a few days only, yet kept me long in a lingering state, has hitherto -prevented my sooner acknowledging the receipt of your favor of May 26. I -hope the uneasiness of Mrs. Monroe and yourself has been removed by the -re-establishment of your daughter. We have been in hopes of seeing her -here, and fear at length some change in her arrangements for that purpose. - -Congress has been long embarrassed by two of the most irritating questions -that ever can be raised among them: 1, the funding the public debt, and 2, -the fixing on a more central residence. After exhausting their arguments -and patience on these subjects, they have for some time been resting on -their oars, unable to get along as to these businesses, and indisposed to -attend to anything else, till they are settled. And in fine, it has become -probable, that unless they can be reconciled by some plan of compromise, -there will be no funding bill agreed to. Our credit (raised by late -prospects to be the first on the exchange at Amsterdam, where our paper -is above par) will burst and vanish, and the States separate, to take care -every one of itself. This prospect appears probable to some well-informed -and well-disposed minds. Endeavors are, therefore, using to bring about -a disposition to some mutual sacrifices. The assumption of State debts -has appeared as revolting to several States as their non-assumption to -others. It is proposed to strip the proposition of the injustice it would -have done by leaving the States who have redeemed much of their debts on -no better footing than those who have redeemed none; on the contrary, -it is recommended to assume a fixed sum, allotting a portion of it to -every State in proportion to its census. Consequently, every State will -receive exactly what they will have to pay, or they will be exonerated so -far by the general government's taking their creditors off their hands. -There will be no injustice then. But there will be the objection still, -that Congress must then lay taxes for those debts which would have been -much better laid and collected by the State governments. And this is the -objection on which the accommodation now hangs with the non-assumptioners, -many of whom committed themselves in their advocation of the new -Constitution, by arguments drawn from the improbability that Congress -would ever lay taxes where the States could do it separately. These -gentlemen feel the reproaches which will be levelled at them personally. -I have been, and still am of their opinion, that Congress should always -prefer letting the States raise money in their own way, where it can be -done. But in the present instance, I see the necessity of yielding to -the cries of the creditors in certain parts of the Union; for the sake -of union, and to save us from the greatest of all calamities, the total -extinction of our credit in Europe. On the other hand, it is proposed -to pass an act fixing the temporary residence of twelve or fifteen years -at Philadelphia, and that at the end of that time, it shall stand _ipso -facto_, and without further declaration transferred to Georgetown. In -this way, there will be something to displease and something to soothe -every part of the Union but New York, which must be contented with what -she has had. If this plan of compromise does not take place, I fear one -infinitely worse, an unqualified assumption and the perpetual residence -on the Delaware. The Pennsylvania and Virginia delegates have conducted -themselves honorably and unexceptionably, on the question of residence. -Without descending to talk about bargains, they have seen that their true -interests lay in not listening to insidious propositions, made to divide -and defect them, and we have seen them at times voting against their -respective wishes rather than separate. - -In France, the revolution goes on surely but slowly. On the rest of the -continent, a league is formed between Prussia, Poland, Sweden, and Turkey, -and openly patronized by England and Holland, against the two empires, one -of which is convulsed by internal divisions. But the last packet brings -still more interesting news. The day before the mail came away, a message -was sent to the two Houses by the King, complaining of the capture of -two British ships at Nootka Sound by the Spaniards, under pretence of an -exclusive right to that coast, that the King had demanded satisfaction, -and in the meantime was arming, to enforce it. The Houses unanimously -promised support, and it was evident they would accept nothing short of an -extensive renunciation from Spain as to her American pretensions. Perhaps -she is determined to be satisfied with nothing but war, dismemberment -of the Spanish empire, and annihilation of her fleet. Nor does her -countenance towards us clear up at all. - -I flatter myself with being in Virginia in the autumn. The particular -time depends upon too many contingencies to be now fixed. I shall hope -the pleasure of seeing yourself and Mrs. Monroe either in Albemarle or -wherever our route may cross each other. Present me affectionately to -her and to my good neighbors generally, and be assured of the great and -sincere esteem of, dear Sir, your affectionate friend and humble servant. - - -TO MR. JOHN COFFIN JONES. - - New York, June 23, 1790. - -Sir,--I duly received your favor of May 1st, and communicated to the -President the part relative to Mr. Laneguy, who would have been disposed -to pay all possible respect to your recommendation. The first rule on that -subject was to appoint a native Consul wherever a good one would accept -of it; but where no native could be found, the person in possession was -confirmed. Dr. Franklin had appointed a Mr. Cathalan as agent, early in -the war, a very substantial merchant of Marseilles. He and his son have -paid great attention to our concerns there, had much trouble, and no -emolument from it. It was thought unjust to remove him without cause. The -commission is given to the son, as being otherwise well qualified, and -particularly as understanding well our language and usages, acquired by a -residence in England. A bill which may be called the true navigation act -for the United States, is before Congress, and will probably pass. I hope -it will lay the foundation of a due share of navigation for us. I am, with -great esteem, Sir, your most obedient humble servant. - - -TO MR. DUMAS. - - New York, June 23, 1790. - -Dear Sir,--I arrived at this place the latter end of March, and undertook -the office to which the President had been pleased to appoint me, of -Secretary of State, which comprehends that of Foreign Affairs. Before I -had got through the most pressing matters which had been accumulating, a -long illness came upon me, and put it out of my power for many weeks to -acknowledge the receipt of your letters. - - * * * * * - -We are much pleased to learn the credit of our paper at Amsterdam. We -consider it as of the first importance, to possess the first credit -there, and to use it little. Our distance from the wars of Europe, and -our disposition to take no part in them, will, we hope, enable us to -keep clear of the debts which they occasion to other powers. It will be -well for yourself and our bankers to keep in mind always, that a great -distinction is made here, between our foreign and domestic paper. As to -the foreign, Congress is considered as the representative of one party -only, and I think I can say with truth, that there is not one single -individual in the United States, either in or out of office, who supposes -they can ever do anything which might impair their foreign contracts. But -with respect to domestic paper, it is thought that Congress, being the -representative of both parties, may shape their contracts so as to render -them practicable, only seeing that substantial justice be done. This -distinction will explain to you their proceedings on the subject of their -debts. The funding their foreign debts, according to express contract, -passed without a debate and without a dissenting voice. The modelling and -funding the domestic debt, occasions great debates, and great difficulty. -The bill of ways and means was lately thrown out, because an excise was -interwoven into its texture; and another ordered to be brought in, which -will be clear of that. The assumption of the debts contracted by the -States to individuals, for services rendered the Union, is a measure -which divides Congress greatly. Some think that the States could much -more conveniently levy taxes themselves to pay off these, and thus save -Congress from the odium of imposing too heavy burthens in their name. This -appears to have been the sentiment of the majority hitherto. But it is -possible that modifications may be proposed, which may bring the measure -yet into an acceptable form. We shall receive with gratitude the copy of -Rymer's Federa, which you are so good as to propose for the use of our -offices here. - -I have the honor to be, with great esteem, dear Sir, your most obedient, -and most humble servant. - - -TO MR. LESLIE. - - New York, June 27, 1790. - -Sir,--I find among the letters to Mr. Jay, one on the subject of the -vibrating rod thought of by you for a standard of measure; and I have -received from Mr. Madison a manuscript pamphlet of yours on the same -subject. Congress having referred to me to propose a plan of invariable -measures, I have considered maturely your proposition, and am abundantly -satisfied of its utility; so that if I can have your leave, I mean to -propose in my report to adopt the rod in preference to the pendulum, -mentioning expressly that we are indebted to you for the idea. Should -they concur with me in opinion, it is possible that in carrying it into -execution we may have occasion to engage your assistance in the proper -adjustment of it, as well on account of your abilities in that line -generally, as for the peculiar interest you would feel in the success of -the experiment. Mr. Cox's letter to Mr. Jay seems to imply that you had -communicated your idea that I might avail myself of it in the subject -referred to me. But I think it justice to ask your express permission, -and that you will be so good as to give me an answer by return of post. -I am, Sir, your most obedient humble servant. - - -TO BENJ. VAUGHAN. - - New York, June 27, 1790. - -Dear Sir,--Your favor of March 27th came duly to hand on the 12th -instant, as did your very valuable present, the dry rice, brought from the -Moluccas, by Lieut. Blight. I immediately sent a few seeds to Virginia, -where I am in hopes there would still be force of summer sufficient to -mature it. I reserve a little for next spring, besides sowing some in -pots, from which I have now twenty-three young plants, just come up. I -fear, however, there is not summer enough remaining here to ripen them, -without the uncertain aid of a hot house. Upon your encouragement, I think -I shall venture to write to Mr. Hinton Este, of Jamaica, on the subject. -You will have known that we had lost Dr. Franklin before your letter came -to hand; consequently, the relation of Lieut. Blight's adventure, which -you were so kind as to send, rests with me. - -Though large countries within our Union are covered with the sugar maple, -as heavily as can be conceived, and that this tree yields a sugar equal to -the best from the cane, yields it in great quantity, with no other labor -than what the women and girls can bestow, who attend to the drawing off -and boiling the liquor, and the trees when skilfully tapped will last a -great number of years, yet the ease with which we had formerly got cane -sugar, had prevented our attending to this resource. Late difficulties in -the sugar trade have excited attention to our sugar trees, and it seems -fully believed by judicious persons, that we cannot only supply our own -demand, but make for exportation. I will send you a sample of it, if I -can find a conveyance without passing it through the expensive one of the -post. What a blessing to substitute a sugar which requires only the labor -of children, for that which is said to render the slavery of the blacks -necessary. - -An act of Congress authorizing the issuing of patents for new discoveries -has given a spring to invention beyond my conception. Being an instrument -in granting the patents, I am acquainted with their discoveries. Many of -them indeed are trifling, but there are some of great consequence, which -have been proved by practice, and others which, if they stand the same -proof, will produce great effect. Yesterday the man who built the famous -bridge from Boston to Charlestown, was with me, asking a patent for a pile -engine of his own construction. He communicated to me another fact, of -which he makes no secret, and it is important. He was formerly concerned -in ship building, but for thirty years past has been a bridge builder. -He had early in life observed, on examining worm-eaten ships, that the -worms never eat within the seams where the corking chisel enters, and -the oil, &c. He had observed that the whaling vessels would be eaten to -a honey-comb, except a little above and below water, where the whale is -brought in contact with the vessel, and lies beating against it till it -is cut up. A plank lying under water at a mill of his had been obliged to -be removed annually, because eaten up by the worms in the course of the -year. At length a plank was accidentally put down which for some purpose -had been thoroughly impregnated with oil. It remained seven years without -being affected. Hence he took the idea of impregnating the timbers of his -bridges thoroughly with oil, by heating the timber as deeply as possible, -and doing it well in that state with the liver oil of the codfish. He -has practiced this for thirty years, and there is no instance of the worm -attacking his timbers, while those in neighboring places are immediately -destroyed. He has used the liver oil of the cod, because very thick, and -therefore, as he supposes, more permanent in its effect. He supposes some -other oils might do, but cannot speak of them experimentally. He says -there will be no difficulty in heating the planks of a ship after they are -put on, as well as before; but I do not recollect his mentioning ever to -have tried it in the case of a ship. - -I am fixed here by the desire of my countrymen; consequently less in -the way of communications in letters and the arts than I used to be. The -continuance of your communications in that way will now be received with -double thankfulness. - -We are told you are going to war. Peace and profit will, I hope, be our -lot. A high price and sure market for our productions, and no want of -carrying business will, I hope, enable my countrymen to pay off both their -private and public debts. - -I am, with sentiments of sincere esteem, dear Sir, your sincere friend -and servant. - - -TO DR. GILMER. - - New York, June 27, 1790. - -Dear Doctor,--I have duly received your favor of May 21st, and thank -you for the details it contains. Congressional proceedings go on rather -heavily. The question for assuming the State debts, has created greater -animosities than I ever yet saw take place on any occasion. There are -three ways in which it may yet terminate. 1. A rejection of the measure, -which will prevent their funding any part of the public debt, and will -be something very like a dissolution of the government. 2. A bargain -between the eastern members, who have it so much at heart, and the middle -members, who are indifferent about it, to adopt those debts without -any modification, on condition of removing the seat of government to -Philadelphia or Baltimore. 3. An adoption of them with this modification, -that the whole sum to be assumed shall be divided among the States in -proportion to their census; so that each shall receive as much as they -are to pay; and perhaps this might bring about so much good humor as to -induce them to give the temporary seat of government to Philadelphia, and -then to Georgetown permanently. It is evident that this last is the least -bad of all the turns the thing can take. The only objection to it will -be, that Congress will then have to lay and collect taxes to pay these -debts, which could much better have been laid and collected by the State -governments. This, though an evil, is a less one than any of the others -in which it may issue, and will probably give us the seat of Government -at a day not very distant, which will vivify our agriculture and commerce -by circulating through our State an additional sum every year of half a -million of dollars. When the last packet left England, there was great -appearance of an immediate rupture with Spain. Should that take place, -France will become a party. I hope peace and profit will be our share. -Present my best respects to Mrs. Gilmer, and my enquiring neighbors. - -I am, dear Doctor, your affectionate friend and servant. - - -TO M. BOUDINOT. - - New York, June 29, 1790. - -Sir,--As it is desirable we should receive from our Consuls an exact -report of all our vessels with their cargoes which go to the countries -of their residence, such fees appear necessary as may induce them to be -watchful that every such vessel is noted. At the same time, the fee should -not be so large as to induce them to connive at foreign vessels reporting -themselves as American, merely to give them the fee; five and ten dollars -appear to me well proportioned. - -While I was in Europe I found there was a great want of some legal mode -of taking and authenticating instruments and evidence in general, to be -sent to this country; such as depositions, affidavits, copies of wills, -records, deeds, powers of attorney, &c. I thought it would be proper, as -soon as we should have Consuls established, to make their authentications -under the seal of their office, good evidence in our courts. I take the -liberty of submitting to you whether a clause for these purposes might -not be properly placed in this bill. I assure you the occasions for it -are extremely frequent. - -I have the honor to be, with great esteem, Sir, your most obedient humble -servant. - - -TO DAVID RITTENHOUSE. - - New York, June 30, 1790. - -Dear Sir,--Your favor of the 25th came to hand last night, for which -I give you many thanks. The conversion of 36.71428 pouces into 39.1923 -inches, was an error in division, and consequently the mean taken between -that and Graham's computation is wrong. It has rendered it necessary for -me to suppress the note on that subject, and to put it into the form -now enclosed. In this I state the reason for adopting 11-3 pouces as -the equivalent of the English foot. It is so stated by D'Alembert in the -Encyclopedie, and retained in the new Encyclopedie. To have changed it -for 11-3.11 Mashelynci's measure, would have obliged me to have formed -all my calculations anew, which would have exposed me to new errors of -calculation; and added to the trouble and delay it would have occasioned, -did not seem worth while for so small a fraction as 11-100 of a line, -or the 1227th of a foot. I suppose, too, that the operation concerting -between the French and English will soon furnish us with a new and more -certain equation of their feet. I still like the rod rather than the -pendulum, because I do not know a single objection to it which does not -lie to the pendulum, because it is clear of some objections to which that -is liable, but most of all, because 1-5 of the second rod is much nearer -the present foot than 1-3 of the second pendulum. After all, should the -French and English adopt the pendulum, we shall be free to do so also. -I state on the enclosed paper a very loose answer to the 5th objection, -which is the only one I can give. Can you suggest something more precise? -As there is an idea that Congress will rise about the middle of July, I -shall only await the answer you will be so good as to make to this, and -then give in my report. This day, I fancy, will determine whether we are -to be removed to Philadelphia or not; for though it will still be put to -the question several times before its ultimate passage, yet I think if -this day's vote of the Senate is favorable, it will pass safely through -all the subsequent stages. It would have been a great comfort to me to -have been near you during the preparation of this business of weights and -measures. It is much easier to avoid errors by having good information -at first, than to unravel and correct them after they are committed. I -recommend to Congress the deferring to proceed on the report till the next -session, and reserve to myself an opening to add any new matter which may -occur in the meantime. - -I am, with great and sincere esteem, dear Sir, your affectionate friend -and servant. - - -TO WILLIAM SHORT. - - New York, July 1, 1790. - -Dear Sir,--A bill has passed two readings in the Senate for removing the -seat of government to Philadelphia, there to remain ten years, and then -to be established permanently in Georgetown. It is to receive its third -reading to-day, and it depends on a single vote, yet I believe we may -count surely that it will pass that house. As it originated there, it will -then have to pass the lower house; where, however, I believe it is very -secure of a majority. I apprehend this news must reach you too late to -send my baggage to Philadelphia instead of this place; however, to take -the chance of any unexpected delay which may have attended its departure, -I drop you this line by a vessel sailing this morning to Dunkirk, to -pray you (if my baggage is not already embarked, or so engaged for its -passage as not to admit a change of destination), that you will have it -sent to Philadelphia directly. The having to send it from one port to -another in the United States, costs as much nearly as the freight across -the Atlantic, besides the custom-house difficulties. I think it better to -wait an opportunity from thence to Philadelphia, should there not be an -immediate one, than that it should make a double voyage. No time to add -anything else, but that all is well. Adieu. Yours affectionately. - - -TO COL. M. LEWIS. - - New York, July 4, 1790. - -Dear Sir,--I wrote you last on the 13th of June. The Senate have passed -the bill for fixing the residence of Congress at Philadelphia for ten -years, and then permanently at Georgetown; it has been read once or twice -in the House of Representatives, and will be ultimately decided on the day -after to-morrow. I believe it will pass there by a considerable majority. -I imagine we shall remove from hence early in September, which will -consequently be the time for my paying a short visit to Monticello. There -is reason to expect a rupture has taken place between Spain and England. -If so, it will involve France, and so render the present war of Europe -almost universal there. I hope they will all see it their interest to let -us make bread for them in peace, and to give us a good price for it. We -have every moral certainty that wheat will be high for years to come. I -cannot, therefore, my dear Sir, omit to press, for myself, the going into -that culture as much as you think practicable. In Albemarle, I presume -we may lay aside tobacco entirely; and in Bedford, the more we can lay -it aside the happier I shall be. I believe it cannot there be entirely -discontinued, for want of open lands. I will also be obliged to you to -give such orders for preparing for the next year's crop in the plantation -given to Mr. Randolph, as you would for me, were it to remain in my hands. -I know he will be glad to have as much wheat sowed as possible. While good -crops of grain, and a good price for them, will prepare a good income, -if we can avoid paying that away to the stores, all will be well. For -this purpose, it is vastly desirable to be getting under way with our -domestic cultivation and manufacture of hemp, flax, cotton and wool for -the negroes. If we may decide from past experience, we may safely say -that war and domestic manufacture are more gainful than peace and store -supplies. The present price of wheat here is a dollar a bushel. - -Present my best esteem to Mrs. Lewis and your family. I am, dear Sir, your -affectionate friend and humble servant. - - -TO E. RUTLEDGE, ESQ. - - New York, July 4, 1790. - -Dear Sir,--Your favor of April 28 came to hand May 11, and found me under -a severe indisposition, which kept me from all business more than a month, -and still permits me to apply but very sparingly. That of June 20 was -delivered me two days ago by young Mr. Middleton, whom I was very glad to -see, as I am everybody and everything which comes from you. It will give -me great pleasure to be of any use to him, on his father's account as well -as yours. - -In yours of April 28 you mention Dr. Turnbull's opinion that force alone -can do our business with the Algerines. I am glad to have the concurrence -of so good an authority on that point. I am clear myself that nothing -but a perpetual cruise against them, or at least for eight months of -the year, and for several years, can put an end to their piracies; and -I believe that a confederacy of the nations not in treaty with them can -be effected, so as to make that perpetual cruise, or our share of it, a -very light thing, as soon as we shall have money to answer even a light -thing; and I am in hopes this may shortly be the case. I participate -fully of your indignation at the trammels imposed on our commerce with -Great Britain. Some attempts have been made in Congress, and others are -still making to meet their restrictions by effectual restriction on our -part. It was proposed to double the foreign tonnage for a certain time, -and after that to prohibit the exportation of our commodities in the -vessels of nations not in treaty with us. This has been rejected. It is -now proposed to prohibit any nation from bringing or carrying in their -vessels what may not be brought or carried in ours from or to the same -ports; also to prohibit those from bringing to us anything not of their -own produce, who prohibit us from carrying to them anything but our own -produce. It is thought, however, that this cannot be carried. The fear -is that it would irritate Great Britain were we to feel any irritation -ourselves. You will see by the debates of Congress that there are good men -and bold men, and sensible men, who publicly avow these sentiments. Your -observations on the expediency of making short treaties, are most sound. -Our situation is too changing and too improving to render an unchangeable -treaty expedient for us. But what are these enquiries on the part of the -British minister which leads you to think he means to treat? May they -not look to some other object? I suspect they do; and can no otherwise -reconcile all circumstances. I would thank you for a communication of any -facts on this subject. - -Some questions have lately agitated the minds of Congress more than the -friends of union on catholic principles would have wished. The general -assumption of State debts has been as warmly demanded by some States, -as warmly rejected by others. I hope still that this question maybe so -divested of the injustice imputed to it as to be compromised. The question -of residence, you know, was always a heating one. A bill has passed the -Senate for fixing this at Philadelphia ten years, and then at Georgetown; -and it is rather probable it will pass the lower house. That question then -will be put to sleep for ten years; and this and the funding business -being once out of the way, I hope nothing else may be able to call up -local principles. If the war between Spain and England takes place, I -think France will inevitably be involved in it. In that case I hope the -new world will fatten on the follies of the old. If we can but establish -the armed neutrality for ourselves, we must become the carriers for all -parties as far as we can raise vessels. - -The President had a hair-breadth escape; but he is now perfectly -re-established, and looks much better than before he was sick. I expect -daily to see your nephew, Mr. J. Rutledge, arrive here, as he wrote me by -the May packet that he would come in that of June. He is a very hopeful -young man, sensible, well-informed, prudent and cool. Our southern sun -has been accused of sometimes sublimating the temper too highly. I wish -all could think as coolly, but as soundly and firmly as you do. Adieu, my -dear friend. Yours affectionately. - - -TO MR. DUMAS. - - New York, July 13, 1790. - -Sir,--I wrote you last on the 23d of June, since which I have received -yours of March the 24th to the 30th. - - * * * * * - -Congress are still engaged in their funding bills. The foreign debts did -not admit of any difference of opinion. They were settled by a single -and unanimous vote; but the domestic debt, requiring modifications and -settlements, these produce great difference of opinion, and consequently -retard the passage of the funding bill. The States had individually -contracted considerable debts for their particular defence, in addition to -what was done by Congress. Some of the States have so exerted themselves -since the war, as to have paid off near the half of their individual -debts. Others have done nothing. The State creditors urge, that these -debts were as much for general purposes as those contracted by Congress, -and insist that Congress shall assume and pay such of them as have not -been yet paid by their own States. The States who have exerted themselves -most, find that, notwithstanding the great payments they have made, they -shall by this assumption, still have nearly as much to pay as if they had -never paid anything. They are therefore opposed to it. I am in hopes a -compromise will be effected by a proportional assumption, which may reach -a great part of the debts, and leave still a part of them to be paid by -those States who have paid few or none of their creditors. This being once -settled, Congress will probably adjourn, and meet again in December, at -Philadelphia. The appearance of war between our two neighbors, Spain and -England, would render a longer adjournment inexpedient. - -I have the honor to be, with great esteem, dear Sir, your most obedient, -and most humble servant. - - -TO DR. GILMER. - - New York, July 25, 1790. - -Dear Doctor,--I wrote you last on the 27th of June. Since that we have had -great appearances of an explosion between Spain and England. Circumstances -still indicate war. The strongest fact against it is that a British -ambassador is actually gone to Madrid. If there be war, France will -probably embark in it. I do not think it can disturb her revolution, that -is so far advanced as to be out of danger. Be these things as they may, -there will be war enough to ensure us great prices for wheat for years to -come, and if we are wise we shall become wealthy. McGillivray, and about -thirty Creek chiefs, are here. We are in hopes this visit will ensure the -continuance of peace with them. The assumption in a proportionate form -is likely to pass. The sum to be assumed is twenty-one millions. Of this -three and a half millions are allotted to Virginia, being the exact sum -it is supposed she will have to contribute of the whole assumption, and -sufficient also to cover the whole of her remaining domestic debt. Being -therefore to receive exactly what she is to pay, she will neither lose nor -gain by the measure. The principal objection now is, that all the debts, -general and State, will be to be raised by tax on imposts, which will -thus be overburthened; whereas had the States been left to pay the debts -themselves, they could have done it by taxes on land and other property, -which would thus have lightened the burthen on commerce. However, the -measure was so vehemently called for by the State creditors in some parts -of the Union, that it seems to be one of those cases where some sacrifice -of opinion is necessary for the sake of peace. Congress will probably rise -between the 6th and 13th of August. The President will soon after that go -to Mount Vernon, and I shall take advantage of the interregnum to see my -neighbors in Albemarle, and to meet my family there. I suppose it will be -the 1st of September before I can set out from this place, and shall take -that occasion of having my affairs removed hence to Philadelphia. Present -me affectionately to Mrs. Gilmer and all my friends. Adieu, dear Doctor, -your sincere friend and humble servant. - - -TO WILLIAM SHORT. - - New York, July 26, 1790. - -Dear Sir,--My public letters to you have been of the 28th of March, the -6th and 30th of April. Yours, which remain to be acknowledged, are of -March the 9th, 17th, 29th, April the 4th, 12th, 23d, and May the 1st; -being from No. 21 to 28 inclusive, except No. 23, which had come to hand -before. I will state to you the dates of all your letters received by me, -with the times they have been received, and length of their passage. - - * * * * * - -You will perceive that they average eleven weeks and a half; that the -quickest are of nine weeks, and the longest are of near eighteen weeks -coming. Our information through the English papers, is of about five -or six weeks, and we generally remain as long afterwards in anxious -suspense, till the receipt of your letters may enable us to decide what -articles of those papers have been true. As these come principally by the -English packet, I will take the liberty of asking you to write always by -that packet, giving a full detail of such events as may be communicated -through that channel; and indeed most may. If your letters leave Paris -nine or ten days before the sailing of the packet, we shall be able to -decide, on the moment, on the facts, true or false, with which she comes -charged. For communications of a secret nature, you will avail yourself -of other conveyances, and you will be enabled to judge which are best, -by the preceding statement. News from Europe is very interesting at this -moment, when it is so doubtful whether a war will take place between our -two neighbors. - -Congress have passed an act for establishing the seat of government -at Georgetown, from the year 1800, and in the meantime, to remove to -Philadelphia. It is to that place, therefore, that your future letters -had better be addressed. They have still before them the bill for funding -the public debts. That has been hitherto delayed by a question, whether -the debts contracted by the particular States for general purposes, -should, at once, be assumed by the General Government. A development of -circumstances, and more mature consideration, seem to have produced some -change of opinion on the subject. When it was first proposed, a majority -was against it. There is reason to believe, by the complexion of some -later votes, that the majority will now be for assuming these debts to -a fixed amount. Twenty-one millions of dollars are proposed. As soon -as this point is settled, the funding bill will pass, and Congress will -adjourn. That adjournment will probably be between the 6th and 13th of -August. They expect it sooner. I shall then be enabled to inform you, -ultimately, on the subject of the French debt, the negotiations for -the payment of which will be referred to the executive, and will not be -retarded by them an unnecessary moment. A bill has passed, authorizing the -President to raise the salary of a chargé des affaires to four thousand -five hundred dollars, from the first day of July last. I am authorized -by him to inform you, that yours will accordingly be at that rate, and -that you will be allowed for gazettes, translating or printing papers, -where that shall be necessary, postage, couriers, and necessary aids to -poor American _sailors_, in addition to the salary, and no charge of any -other description, except where you may be directed to incur it expressly. -I have thought it would be most agreeable to you to give you precise -information, that you may be in no doubt in what manner to state your -accounts. Be pleased to settle your account down to the 1st of July last, -and state the balance then due, which will be to be paid out of the former -fund. From that day downwards, a new account must be opened, because a new -fund is appropriated to it, from that time. The expenses for the medals, -directed in my letter of April the 30th, must enter into the new account. -As I presume the die will be finished by the time you receive this, I -have to desire you will have a medal of gold struck for the Marquis de La -Luzerne, and have put to it a chain of three hundred and sixty-five links, -each link containing gold to the value of two dollars and a half, or -thirteen livres and ten sous. The links to be of plain wire, so that their -workmanship may cost as it were nothing. The whole will make a present of -little more than one thousand dollars, including the medal and chain. As -soon as done, be pleased to forward them by a safe hand to the Marquis de -La Luzerne, in the name of the President of the United States, informing -him that it is the one spoken of in my letter to him of April the 30th, -1790. Say nothing to anybody of the value of the present, because that -will not always be the same, in all cases. Be so good as to have a second -medal of gold struck in the same die, and to send this second, together -with the dies, to Philadelphia, by the first safe person who shall be -passing; no chain to be sent with this. - -We are impatient to learn the progress and prospect of the Algerine -business. Do not let it languish a moment, nor leave us a moment -uninformed of anything relative to it. It is in truth a tender business, -and more felt as such in this, than in any other country. The suppression -of the farms of tobacco, and the free importation of our salted -provisions, will merit all your attention. They are both of them objects -of first-rate importance. - -The following appointments of consuls have taken place. - - * * * * * - -Their jurisdictions, in general, extend to all places within the same -allegiance, which are nearer to them than to the residence of any other -consul or vice-consul. As yet, only their commissions have been made -out. General instructions await the passage of a bill now depending. -Mr. La Forest, at this place, remarked our appointment of consuls in -the French islands. In the first project of a convention proposed on -the part of France, the expressions reached expressly to the kingdom of -France only. I objected to this in writing, as being narrower than the -twenty-ninth article of the treaty of amity, which was the basis of the -consular convention, and which had granted the appointment of consuls -and vice-consuls, in their respective "States and ports," generally, and -without restriction. On this, the word "France" was struck out, and the -"dominions of the M. C. K." inserted everywhere. See the fifth, ninth, -twelfth, thirteenth and fifteenth articles particularly, of the copy of -the draughts of 1784 and 1788, as I had them printed side by side. The -object of this alteration was, the appointment of consuls in the free -ports allowed us in the French West Indies, where our commerce has greater -need of protection than anywhere. I mention these things that you may be -prepared, should anything be said to you on the subject. I am persuaded -the appointment will contribute eminently to the preservation of harmony -between us. These consuls will be able to prevent the misunderstandings -which arise frequently now between the officers there and our traders, -and which are doubtless much exaggerated and misrepresented to us by the -latter. - -I duly received the copy you were so kind as to send me of the Bishop of -Autun's proposition, on the subject of weights and measures. It happened -to arrive in the moment I was about giving in to Congress a report on the -same subject, which they had referred to me. In consequence of the Bishop -of Autun's proposition, I made an alteration in my report, substituting -forty-five degrees instead of thirty-eight degrees, which I had at -first proposed as a standard latitude. I send you a copy of my report -for the Bishop, and another for M. Condorcet, Secretary of the Academy -of Sciences. By taking the second pendulum or rod of the same latitude, -for the basis of our measures, it will at least furnish a common measure -to which both our systems will refer, provided our experiments on the -pendulum or rod of forty-five degrees should yield exactly the same result -with theirs. - -The newspapers, as usual, will accompany the present, which is to go by -Mr. Barrett. - -I have the honor to be, with great esteem and attachment, dear Sir, your -most obedient and most humble servant. - - -TO WILLIAM CARMICHAEL. - - New York, August 2, 1790. - -Dear Sir,--This letter will be delivered to you by Colonel Humphreys, -whose character is so well known to you as to need no recommendations -from me. The present appearances of war between our two neighbors Spain -and England, cannot but excite all our attention. The part we are to act -is uncertain, and will be difficult. The unsettled state of our dispute -with Spain, may give a turn to it very different from what we would -wish. As it is important that you should be fully apprized of our way of -thinking on this subject, I have sketched, in the enclosed paper, general -heads of consideration arising from present circumstances. These will -be readily developed by your own reflections, and in conversations with -Colonel Humphreys; who, possessing the sentiments of the executive on -this subject, being well acquainted with the circumstances of the Western -country in particular, and of the state of our affairs in general, comes -to Madrid expressly for the purpose of giving you a thorough communication -of them. He will, therefore, remain there as many days or weeks as may -be necessary for this purpose. With this information, written and oral, -you will be enabled to meet the minister in conversations on the subject -of the navigation of the Mississippi, to which we wish you to lead his -attention immediately. Impress him thoroughly with the necessity of an -early, and even an immediate settlement of this matter, and of a return -to the field of negotiation for this purpose; and though it must be -done delicately, yet he must be made to understand unequivocally, that a -resumption of the negotiation is not desired on our part, unless he can -determine, in the first opening of it, to yield the immediate and full -enjoyment of that navigation. (I say nothing of the claims of Spain to our -territory north of the thirty-first degree, and east of the Mississippi. -They never merited the respect of an answer; and you know it has been -admitted at Madrid, that they were not to be maintained.) It may be -asked, what need of negotiation, if the navigation is to be ceded at all -events? You know that the navigation cannot be practised without a port, -where the sea and river vessels may meet and exchange loads, and where -those employed about them may be safe and unmolested. The right to use a -thing, comprehends a right to the means necessary to its use, and without -which it would be useless. The fixing on a proper port, and the degree of -freedom it is to enjoy in its operations, will require negotiation, and -be governed by events. There is danger, indeed, that even the unavoidable -delay of sending a negotiator here, may render the mission too late for -the preservation of peace. It is impossible to answer for the forbearance -of our western citizens. We endeavor to quiet them with the expectation -of an attainment of their rights by peaceable means. But should they, in -a moment of impatience, hazard others, there is no saying how far we may -be led; for neither themselves nor their rights will ever be abandoned by -us. - -You will be pleased to observe, that we press these matters warmly and -firmly, under this idea, that the war between Spain and Great Britain will -be begun before you receive this; and such a moment must not be lost. But -should an accommodation take place, we retain, indeed, the same object and -the same resolutions unalterably; but your discretion will suggest, that -in that event, they must be pressed more softly, and that patience and -persuasion must temper your conferences, till either these may prevail, or -some other circumstance turn up, which may enable us to use other means -for the attainment of an object which we are determined, in the end, to -obtain at every risk. - -I have the honor to be, with great esteem, dear Sir, your most obedient, -and most humble servant. - - -TO M. DE PINTO. - - New York, August 7, 1790. - -Sir,--Under cover of the acquaintance I had the honor of contracting -with you, during the negotiations we transacted together in London, -I take the liberty of addressing you the present letter. The friendly -dispositions you were then pleased to express towards this country, which -were sincerely and reciprocally felt on my part towards yours, flatter -me with the hope you will assist in maturing a subject for their common -good. As yet, we have not the information necessary to present it to you -formally, as the minister of her most faithful Majesty. I beg, therefore, -that this letter may be considered as between two individual friends of -their respective countries, preliminary to a formal proposition, and meant -to give an acceptable shape to that. - -It is unnecessary, with your Excellency, to go through the history of -our first experiment in government; the result of which was, a want of -such tone in the governing powers, as might effect the good of those -committed to their care. The nation become sensible of this, have changed -its organization, made a better distribution of its powers, and given -to them more energy and independence. The new government has now, for -some time, been under way; and so far, gives a confidence that it will -answer its purposes. Abuses under the old forms, have led us to lay the -basis of the new, in a rigorous economy of the public contributions. -This principle will show itself in our diplomatic establishments; and -the rather, as at such a distance from Europe, and with such an ocean -between us, we hope to meddle little in its quarrels or combinations. Its -peace and its commerce are what we shall court; and to cultivate these, -we propose to place at the courts of Europe most interesting to us, -diplomatic characters of economical grade, and shall be glad to receive -like ones in exchange. The important commerce carried on between your -country and ours, and the proofs of friendly disposition towards us which -her Majesty has manifested, induce us to wish for such an exchange with -her, to express our sensibility at the intimations heretofore received -of her readiness to meet our wish in this point, and our regret at the -delay which has proceeded from the circumstances before touched on. The -grade to be exchanged is the present question, and that on which I ask a -friendly and informal consultation with you. That of chargé des affaires, -is the one we would prefer. It is that we employ at the court of Madrid. -But it has been said, that by the etiquette of your court, that grade -cannot be received there under a favorable countenance. Something like -this existed at the court of Madrid. But his most Catholic Majesty, in -consideration of our peculiar circumstances, dispensed with a general -rule in our favor and in our particular case; and our chargé des affaires -there, enjoys at court the privileges, the respect and favor due to a -friendly nation, to a nation whom distance and difference of circumstances -liberate, in some degree, from an etiquette, to which it is a stranger -at home as well as abroad. The representative of her Majesty here, under -whatever name mutual convenience may designate him, shall be received -in the plentitude of friendship and favor. May we not ask a reciprocal -treatment of ours with you? The nations of Europe have already seen the -necessity of distinguishing America from Europe, even in their treaties; -and a difference of commerce, of government, of condition and character, -must every day evince, more and more, the impracticability of involving -them under common regulations. Nor ought a difference of arrangement with -respect to us, to excite claims from others whose circumstances bear no -similitude to ours. - -I beg leave to submit these considerations to your Excellency's wisdom and -goodness. You will see them to be such as could not be offered formally. -They must shield themselves under the protection of those sentiments -of veneration and esteem with which your character heretofore inspired -me, and which I flattered myself were not merely indifferent to you. -Be so good as to honor with a conference hereon, the bearer, Colonel -Humphreys (who was known to you in London), a gentleman who has long been -of the President's family, and whose worth has acquired so much of our -confidence, that whatever shall be arranged with him, on this subject, -may be considered as settled. Presuming on a continuance of her Majesty's -dispositions, accept this private assurance that a proper person shall -be appointed in due form to reside with you, as soon as we shall know the -result of your deliberations with Colonel Humphreys, whom I beg leave to -present to your notice; adding the homage of those sentiments of respect -and attachment with which I have the honor to be, your Excellency's most -obedient, and most humble servant. - - -TO JOSHUA JOHNSON. - - New York, August 7, 1790. - -Sir,--The President of the United States, desirous of availing his country -of the talents of its best citizens in their respective lines, has thought -proper to nominate you consul for the United States, at the port of -London. The extent of our commercial and political connections with that -country, marks the importance of the trust he confides to you, and the -more, as we have no diplomatic character at that court. I shall say more -to you in a future letter on the extent of the consular functions, which -are, in general, to be confined to the superintendence and patronage of -commerce and navigation; but in your position, we must desire somewhat -more. Political intelligence from that country is interesting to us in -a high degree. We must, therefore, ask you to furnish us with this as -far as you shall be able; to send us moreover the gazette of the court, -Woodfall's parliamentary paper, Debrett's parliamentary register; and -to serve sometimes as a centre for our correspondences with other parts -of Europe, by receiving and forwarding letters sent to your care. It -is desirable that we be annually informed of the extent to which the -British fisheries are carried on within each year, stating the number and -tonnage of the vessels, and the number of men employed in the respective -fisheries, to wit, the northern and southern whale fisheries, and the cod -fishery. I have as yet no statement of them for the year 1789, with which, -therefore, I will thank you to begin. While the press of seamen continues, -our seamen in ports nearer to you than to Liverpool, (where Mr. Maury -is consul,) will need your protection. The liberation of those impressed -should be desired of the proper authority, with due firmness, yet always -in temperate and respectful terms, in which way, indeed, all applications -to government should be made. - -The public papers herein desired may come regularly, once a month, by -the British packet, and intermediately, by any vessels bound directly -either to Philadelphia or New York. All expenses incurred for papers and -postages, shall be paid at such intervals as you choose, either here, on -your order, or by bill on London, whenever you transmit to me an account. - -There was a bill brought into the legislature for the establishment of -some regulations in the consular offices; but it is postponed to the next -session. That bill proposed some particular fees for particular services. -They were, however, so small, as to be no object. As there will be little -or no legal emolument annexed to the office of consul, it is, of course, -not expected that it shall render any expense incumbent on him. - -I have the honor to be, with great esteem, Sir, your most obedient, and -most humble servant. - - -TO WILLIAM SHORT. - - New York, August 10, 1790. - -Dear Sir,--This letter, with the very confidential papers it encloses, -will be delivered to you by Mr. Barrett with his own hands. If there be -no war between Spain and England, they need be known to yourself alone. -But if that war be begun, or whenever it shall begin, we wish you to -communicate them to the Marquis de La Fayette, on whose assistance we know -we can count in matters which interest both our countries. He and you -will consider how far the contents of these papers may be communicated -to the Count de Montmorin, and his influence be asked with the court of -Madrid. France will be called into the war, as an ally, and not on any -pretence of the quarrel being in any degree her own. She may reasonably -require then, that Spain should do everything which depends on her, to -lessen the number of her enemies. She cannot doubt that we shall be of -that number, if she does not yield our right to the common use of the -Mississippi, and the means of using and securing it. You will observe, -we state in general the necessity, not only of our having a port near the -mouth of the river (without which we could make no use of the navigation -at all) but of its being so well separated from the territories of Spain -and her jurisdiction, as not to engender daily disputes and broils between -us. It is certain, that if Spain were to retain any jurisdiction over our -entrepôt, her officers would abuse that jurisdiction, and our people would -abuse their privileges in it. Both parties must foresee this, and that it -will end in war. Hence the necessity of a well-defined separation. Nature -has decided what shall be the geography of that in the end, whatever it -might be in the beginning, by cutting off from the adjacent countries -of Florida and Louisiana, and enclosing between two of its channels, -a long and narrow slip of land, called the Island of New Orleans. The -idea of ceding this, could not be hazarded to Spain, in the first step; -it would be too disagreeable at first view; because this island, with -its town, constitutes, at present, their principal settlement in that -part of their dominions, containing about ten thousand white inhabitants -of every age and sex. Reason and events, however, may, by little and -little, familiarize them to it. That we have a right to some spot as an -entrepôt for our commerce, may be at once affirmed. The expediency, too, -may be expressed, of so locating it as to cut off the source of future -quarrels and wars. A disinterested eye, looking on a map, will remark how -conveniently this tongue of land is formed for the purpose; the Iberville -and Amit channel offering a good boundary and convenient outlet, on the -one side, for Florida, and the main channel an equally good boundary and -outlet, on the other side, for Louisiana; while the slip of land between, -is almost entirely morass or sandbank; the whole of it lower than the -water of the river, in its highest floods, and only its western margin -(which is the highest ground) secured by banks and inhabited. I suppose -this idea too much even for the Count de Montmorin at first, and that, -therefore, you will find it prudent to urge, and get him to recommend to -the Spanish court, only in general terms, "a port near the mouth of the -river, with a circumjacent territory sufficient for its support, well -defined, and extra-territorial to Spain," leaving the idea to future -growth. - -I enclose you the copy of a paper distributed by the Spanish commandant on -the west side of the Mississippi, which may justify us to M. de Montmorin, -for pushing this matter to an immediate conclusion. It cannot be expected -we shall give Spain time, to be used by her for dismembering us. - -It is proper to apprize you of a circumstance, which may show the -expediency of being in some degree on your guard, even in your -communications to the court of France. It is believed here, that the Count -de Moustier, during his residence with us, conceived the project of again -engaging France in a colony upon our continent, and that he directed -his views to some of the country on the Mississippi, and obtained and -communicated a good deal of matter on the subject to his court. He saw -the immediate advantage of selling some yards of French cloths and silks -to the inhabitants of New Orleans. But he did not take into account what -it would cost France to nurse and protect a colony there, till it should -be able to join its neighbors, or to stand by itself; and then what it -would cost her to get rid of it. I hardly suspect that the court of France -could be seduced by so partial a view of the subject as was presented -to them, and I suspect it the less, since the National Assembly has -constitutionally excluded conquest from the object of their government. -It may be added, too, that the place being ours, their yards of cloth and -silk would be as freely sold as if it were theirs. - -You will perceive by this letter, and the papers it encloses, what part of -the ideas of Count d'Estaing correspond with our views. The answer to him -must be a compound of civility and reserve, expressing our thankfulness -for his attentions, that we consider them as proofs of the continuance of -his friendly dispositions, and that though it might be out of our system -to implicate ourselves in trans-Atlantic guarantees, yet other parts -of his plans are capable of being improved to the common benefit of the -parties. Be so good as to say to him something of this kind verbally, and -so as that the matter may be ended as between him and us. - -On the whole, in the event of war, it is left to the judgment of the -Marquis de La Fayette and yourself, how far you will develop the ideas now -communicated to the Count de Montmorin, and how far you will suffer them -to be developed to the Spanish court. - -I enclose you a pamphlet by Hutchins for your further information on the -subject of the Mississippi; and am, with sentiments of perfect esteem and -attachment, dear Sir, your most obedient, and most humble servant. - - -TO COLONEL DAVID HUMPHREYS. - - New York, August 11, 1790. - -Sir,--The President having thought proper to confide several special -matters in Europe to your care, it will be expedient that you take your -passage in the first convenient vessel bound to the port of London. - -When there, you will be pleased to deliver to Mr. G. Morris and to Mr. -Johnson, the letters and papers you will have in charge for them, to -communicate to us from thence any interesting public intelligence you -may be able to obtain, and then to take as early a passage as possible to -Lisbon. - -At Lisbon, you will deliver the letter with which you are charged for -the Chevalier Pinto, putting on it the address proper to his present -situation. You know the contents of this letter, and will make it the -subject of such conferences with him, as may be necessary to obtain our -point of establishing there the diplomatic grade which alone coincides -with our system, and of insuring its reception and treatment with the -requisite respect. Communicate to us the result of your conferences, and -then proceed to Madrid. - -There you will deliver the letters and papers which you have in charge -for Mr. Carmichael, the contents of all which are known to you. Be so good -as to multiply, as much as possible, your conferences with him, in order -to possess him fully of the special matters sketched out in those papers, -and of the state of our affairs in general. - -Your stay there will be as long as its object may require, only taking -care to return to Lisbon by the time you may reasonably expect that our -answers to your letters, to be written from Lisbon, may reach that place. -This cannot be earlier than the first or second week of January. These -answers will convey to you the President's further pleasure. - -Through the whole of this business, it will be best that you avoid all -suspicion of being on any public business. This need be known only to -the Chevalier Pinto and Mr. Carmichael. The former need not know of your -journey to Madrid, or if it be necessary, he may be made to understand -that it is a journey of curiosity, to fill up the interval between writing -your letters and receiving the answers. To every other person, it will be -best that you appear as a private traveller. - -The President of the United States allows you from this date, at the rate -of two thousand two hundred and fifty dollars a year, for your services -and expenses, and moreover, what you may incur for the postage of letters; -until he shall otherwise order. - - -TO GOUVERNEUR MORRIS. - - New York, August 12, 1790. - -Dear Sir,--Your letter of May the 29th to the President of the United -States, has been duly received. You have placed their proposition of -exchanging a minister on proper ground. It must certainly come from them, -and come in unequivocal form. With those who respect their own dignity so -much, ours must not be counted at naught. On their own proposal formally, -to exchange a minister, we sent them one. They have taken no notice of -that, and talk of agreeing to exchange one now, as if the idea were new. -Besides, what they are saying to you, they are talking to us through -Quebec; but so informally, that they may disavow it when they please. It -would only oblige them to make the fortune of the poor Major, whom they -would pretend to sacrifice. Through him, they talk of a minister, a treaty -of commerce _and alliance_. If the object of the latter be honorable, it -is useless; if dishonorable, inadmissible. These tamperings prove, they -view a war as very possible; and some symptoms indicate designs against -the Spanish possessions adjoining us. The consequences of their acquiring -all the country on our frontier, from the St. Croix to the St. Mary's, are -too obvious to you to need development. You will readily see the dangers -which would then environ us. We wish you, therefore, to intimate to them -that we cannot be indifferent to enterprises of this kind. That we should -contemplate a change of neighbors with extreme uneasiness; and that a -due balance on our borders is not less desirable to us, than a balance of -power in Europe has always appeared to them. We wish to be neutral, and -we will be so, _if they will execute the treaty fairly_, and _attempt no -conquests adjoining us_. The first condition is just; the second imposes -no hardship on them. They cannot complain that the other dominions of -Spain would be so narrow as not to leave them room enough for conquest. -If the war takes place, we would really wish to be quieted on these two -points, offering in return an honorable neutrality. More than this, they -are not to expect. It will be proper that these ideas be conveyed in -delicate and friendly terms; but that they be conveyed, if the war takes -place; for it is in that case alone, and not till it be begun, that we -should wish our dispositions to be known. But in no case, need they think -of our accepting any equivalent for the posts. - -I have the honor to be, with great respect and esteem, dear Sir your most -obedient, and most humble servant. - - -TO THE ATTORNIES OF THE UNITED STATES FOR THE SEVERAL DISTRICTS, THOSE OF -MAINE AND KENTUCKY EXCEPTED. - - New York, August 12, 1790. - -Sir,--It is desirable that government should be informed what proceedings -have taken place in the several States since the treaty with Great -Britain, which may be considered by that nation as infractions of the -treaty, and consequently that we should be furnished with copies of -all acts, orders, proclamations, and decisions, legislative, executive, -or judiciary, which may have affected the debts or other property, or -the persons, of British subjects or American refugees. The proceedings -subsequent to the treaty, will sometimes call for those also which took -place during the war. No person is more able than yourself, Sir, to -furnish us with a list of the proceedings of this kind which have taken -place within your State, nor is there any one on whom we may with more -propriety rely for it, as well as to take the trouble of furnishing us -with exact copies of them. Should you be so kind as to state any facts or -circumstances which may enter into the justification or explanation of any -of these proceedings, they will be thankfully received; and it is wished -the whole may come to hand between this and the last of October. - -While I am troubling you with this commission, I am obliged to add a -second, which being undertaken at this time, will abridge the labor of the -first. It is found indispensable that we be possessed here of a complete -collection of all the printed laws and ordinances, ancient and modern, of -every State of the Union. I must ask the favor of you, Sir, to have such -a collection made for us, so far as relates to your State. The volumes -of this collection which, being more modern, may be more readily found, I -will ask the favor of you to send immediately by whatever conveyance you -think safest and best; those more rarely to be had, you will be so good as -to forward from time to time, as you can get them. For your reimbursement, -be pleased to draw on me, only expressing in your draught that it is for -"the laws of your State, purchased and forwarded for the United States:" -or, if it should be more convenient to you, I will at any time send you -an order from the treasury for your reimbursement on the collection most -convenient to you. This shall be as you please. - -Your zeal for the general service needs not to be excited by information, -that it is with the special approbation of the President of the United -States that I address you on this occasion. - -I have the honor to be, with great regard, Sir, your most obedient, and -most humble servant. - - -TO MR. RANDOLPH. - - New York, August 14, 1790. - -Dear Sir,--I am setting out on a trip to Rhode Island with the President -to-morrow, by water. We shall be absent five or six days, and of course -his departure hence to the southward will be that much later than he -intended; and my departure, which must be after his, a little delayed. -Still I hope to reach Monticello by the 15th of September, or from that -to the 20th. We have just concluded a treaty with the Creeks, which is -important, as drawing a line between them and Georgia, and enabling the -government to do, as it will do, justice against either party offending. -Congress separated the day before yesterday, having in the latter part -of their session re-acquired the harmony which had always distinguished -their proceedings, till the two disagreeable subjects of the assumption -and residence were introduced. These really threatened, at one time, -a separation of the legislature _sine die_. They saw the necessity of -suspending almost all business for some time; and, when they resumed it, -of some mutual sacrifices of opinion. It is not foreseen that anything -so generative of dissension can arise again, and therefore the friends -of the government hope that, this difficulty once surmounted in the -States, everything will work well. I am principally afraid that commerce -will be overloaded by the assumption, believing that it would be better -that property should be duly taxed. Present me affectionately to my dear -daughters, and believe me to be sincerely yours. - - -TO GOVERNOR HANCOCK. - - New York, August 24, 1790. - -Sir,--The representatives of the United States have been pleased to refer -to me the representation from the general court of Massachusetts, on the -subject of the whale and cod fisheries, which had been transmitted by -your Excellency, with an instruction to examine the matter thereof, and -report my opinion thereupon to the next session of Congress. To prepare -such a report as may convey to them the information necessary to lead -to an adequate remedy, it is indispensable that I obtain a statement of -the fisheries, comprehending such a period before and since the war, as -may show the extent to which they were and are carried on. With such -a statement under their view, Congress may be able, by comparing the -circumstances which existed when the fisheries flourished, with those -which exist at this moment of their decline, to discover the cause of -that decline, and provide either a remedy for it, or something which may -countervail its effect. This information can be obtained nowhere but in -the State over which your Excellency presides, and under no other auspices -so likely to produce it. May I, therefore, take the liberty of soliciting -your Excellency to charge with the collecting and furnishing me this -information, some person or persons who may be competent to the object. -Taking a point of commencement at a proper interval before the year of -greatest prosperity, there should be stated in a table, year by year, -under different columns, as follows: - -1. The number of vessels fitted out each year for the codfishery. 2. -Their tonnage. 3. The number of seamen employed. 4. The quantity of fish -taken; 1, of superior quality; 2, of inferior. 5. The quantity of each -kind exported; 1, to Europe, and to what countries there; 2, to other, and -what parts of America. 6. The average prices at the markets, 1, of Europe; -2, of America. With respect to the whale fishery, after the three first -articles, the following should be substituted. 4. Whether to the northern -or southern fishery. 5. The quantity of oil taken; 1, of the spermaceti -whale; 2, of the other kinds. 6. To what market each kind was sent. 7. -The average prices of each. As the ports from which the equipments were -made, could not be stated in the same table conveniently, they might -form a separate one. It would be very material that I should receive this -information by the first of November, as I might be able to bestow a more -undisturbed attention to the subject before than after the meeting of -Congress, and it would be better to present it to them at the beginning, -than towards the close of a session. - -The peculiar degree of interest with which this subject must affect -the State of Massachusetts, the impossibility of obtaining necessary -information from any other quarter, and the slender means I should have -of acquiring it from thence, without the aid of your Excellency, will, -I hope, be a sufficient apology for the trouble I take the liberty of -giving you; and I am happy in every occasion of repeating assurances -of the respect and attachment with which I have the honor to be, your -Excellency's most obedient, and most humble servant. - - -_Circular of the Consuls and Vice-Consuls of the United States._ - New York, August 26, 1790. - -Sir,--I expected ere this, to have been able to send you an act of -Congress, prescribing some special duties and regulations for the exercise -of the consular offices of the United States; but Congress not having been -able to mature the act sufficiently, it lies over to their next session. -In the meanwhile, I beg leave to draw your attention to some matters of -information, which it is interesting to receive. - -I must beg the favor of you to communicate to me every six months, a -report of the vessels of the United States which enter at the ports of -your district, specifying the name and burthen of each vessel, of what -description she is, (to wit, ship, snow, brig, &c.,) the names of the -master and owners, and number of seamen, the port of the United States -from which she cleared, places touched at, her cargo outward and inward, -and the owners thereof, the port to which she is bound, and times of -arrival and departure; the whole arranged in a table under different -columns, and the reports closing on the last days of June and December. - -We wish you to use your endeavors that no vessel enter as an American in -the ports of your district, which shall not be truly such, and that none -be sold under that name, which are not really of the United States. - -That you give to me, from time to time, information of all military -preparations, and other indications of war which may take place in your -ports; and when a war shall appear imminent, that you notify thereof the -merchants and vessels of the United States within your district, that they -may be duly on their guard; and in general, that you communicate to me -such political and commercial intelligence, as you may think interesting -to the United States. - -The consuls and vice-consuls of the United States are free to wear the -uniform of their navy, if they choose to do so. This is a deep blue coat -with red facings, lining and cuffs, the cuffs slashed and a standing -collar; a red waistcoat (laced or not at the election of the wearer) and -blue breeches; yellow buttons with a foul anchor, and black cockades and -small swords. - -Be pleased to observe, that the vice-consul of one district is not at all -subordinate to the consul of another. They are equally independent of each -other. - -The ground of distinction between these two officers is this. Our -government thinks, that to whatever there may be either of honor or profit -resulting from the consular office, native citizens are first entitled, -where such, of proper character, will undertake the duties; but where -none such offer, a vice-consul is appointed of any other nation. Should -a proper native come forward at any future time, he will be named consul; -but this nomination will not revoke the commission of vice-consul; it will -only suspend his functions during the continuance of the consul within -the limits of his jurisdiction, and on his departure therefrom, it is -meant that the vice-consular authority shall revive of course, without -the necessity of a re-appointment. - -It is understood, that consuls and vice-consuls have authority of course, -to appoint their own agents in the several ports of their district, and -that it is with themselves alone those agents are to correspond. - -It will be best not fatigue the government in which you reside, or -those in authority under it, with applications in unimportant cases. -Husband their good dispositions for occasions of some moment, and let all -representations to them be couched in the most temperate and friendly -terms, never indulging in any case whatever, a single expression which -may irritate. - -I have the honor to be, Sir, your most obedient, and most humble servant. - - -TO WILLIAM SHORT. - - New York, August 26, 1790. - -Dear Sir,--My last letters to you have been of the 26th of July, and 10th -instant. Yours of May the 16th, No. 31, has come to hand. - -I enclose you sundry papers, by which you will perceive, that the -expression in the eleventh article of our treaty of amity and commerce -with France, viz. "that the subjects of the United States shall not be -reputed Aubaines _in France_, and consequently shall be exempted from -the Droit d'Aubaine, or other similar duty, under what name soever," has -been construed so rigorously to the letter, as to consider us as Aubaines -in the _colonies_ of France. Our intercourse with those colonies is so -great, that frequent and important losses will accrue to individuals, if -this construction be continued. The death of the master or supercargo -of a vessel, rendered a more common event by the unhealthiness of the -climate, throws all the property which was either his, or under his -care, into contest. I presume that the enlightened Assembly now engaged -in reforming the remains of feudal abuse among them, will not leave so -inhospitable an one as the Droit d'Aubaine existing in France, or any of -its dominions. If this may be hoped, it will be better that you should -not trouble the minister with any application for its abolition in the -colonies as to us. This would be erecting into a special favor to us, -the extinction of a general abuse, which will, I presume, extinguish of -itself. Only be so good as to see, that in abolishing this odious law -in France, its abolition in the colonies also, be not omitted by mere -oversight; but if, contrary to expectations, this fragment of barbarism -be suffered to remain, then it will become necessary that you bring -forward the enclosed case, and press a liberal and just exposition of our -treaty, so as to relieve our citizens from this species of risk and ruin -hereafter. Supposing the matter to rest on the eleventh article only, it -is inconceivable, that he, who with respect to his personal goods is as a -native citizen in the mother country, should be deemed a foreigner in its -colonies. Accordingly, you will perceive by the opinions of Dr. Franklin -and Dr. Lee, two of our ministers who negotiated and signed the treaty, -that they considered that rights stipulated for us _in France_, were meant -to exist in all the _dominions of France_. - -Considering this question under the second article of the treaty also, -we are exempted from the Droit d'Aubaine in all the dominions of France; -for by that article, no particular favor is to be granted to any other -nation, which shall not immediately become common to the other party. Now, -by the forty-fourth article of the treaty between France and England, -which was subsequent to ours, it is stipulated, "que dans tout ce qui -concerne--_les successions des biens mobiliers_--les sujets des deux -hautes parties contractantes auront _dans les Etats respectifs_ les memes -privileges, libertés et droits, que la nation la plus favorisée." This -gave to the English the general abolition of the Droit d'Aubaine, enjoyed -by the Hollanders under the first article of their treaty with France, of -July the 23d, 1773, which is in these words, "Les sujets des E. G. des -P. U. des pays-bas ne seront point assujettis au Droit d'Aubaine dans -les Etats de S. M. T. C." This favor then, being granted to the English -subsequent to our treaty, we become entitled to it of course by the -article in question. I have it not in my power at this moment, to turn to -the treaty between France and Russia, which was also posterior to ours. -If by that, the Russians are exempted from the Droit d'Aubaine, "_dans -les Etats de_ S. M. T. C." it is a ground the more for our claiming the -exemption. To these, you will be pleased to add such other considerations -of reason, friendship, hospitality and reciprocity, as will readily occur -to yourself. - -About two or three weeks ago, a Mr. Campbell called on me, and introduced -himself by observing that his situation was an awkward one, that he had -come from Denmark with an assurance of being employed here in a public -character, that he was actually in service, though un-announced. He -repeated conversations which had passed between Count Bernstorff and -him, and asked me when a minister would be appointed to that court, or a -character sent to negotiate a treaty of commerce; he had not the scrip -of a pen to authenticate himself, however informally. I told him our -government had not yet had time to settle a plan of foreign arrangements; -that with respect to Denmark particularly, I might safely express to -him those sentiments of friendship which our government entertained for -that country, and assurances that the King's subjects would always meet -with favor and protection here; and in general, I said to him those -things which being true, might be said to anybody. You can perhaps learn -something of him from the Baron de Blome. If he be an unauthorized man, it -would be well it should be known here, as the respect which our citizens -might entertain, and the credit they might give to any person supposed to -be honored by the King's appointment, might lead them into embarrassment. - -You know the situation of the new loan of three millions of florins going -on at Amsterdam. About one half of this is destined for an immediate -payment to France; but advantage may be gained by judiciously timing -the payment. The French colonies will doubtless claim in their new -constitution, a right to receive the necessaries of life from whomever -will deliver them cheapest; to wit, grain, flour, live stock, salted fish, -and other salted provisions. It would be well that you should confer with -their deputies, guardedly, and urge them to this demand, if they need -urging. The justice of the National Assembly will probably dispose them to -grant it, and the clamors of the Bordeaux merchants may be silenced by the -clamors and arms of the colonies. It may co-operate with the influence of -the colonies, if favorable dispositions towards us can be excited in the -moment of discussing this point. It will therefore be left to you to say -when the payment shall be made, in confidence that you will so time it, -as to forward this great object; and when you make this payment, you may -increase its effect, by adding assurances to the minister, that measures -have been taken which will enable us to pay up, within a very short time, -all arrears of principal and interest now due; and further, that Congress -has fully authorized our government to go on and pay even the balance not -yet due, which we mean to do, if that money can be borrowed on reasonable -terms; and that favorable arrangements of commerce between us and their -colonies, might dispose us to effect that payment with less regard to -terms. You will, of course, find excuses for not paying the money which is -ready and put under your orders, till you see that the moment has arrived -when the emotions it may excite, may give a decisive cast to the demands -of the colonies. - -The newspapers, as usual, will accompany the present. - -I have the honor to be, with great esteem and attachment, dear Sir, your -most obedient, and most humble servant. - - -TO THE SECRETARY OF WAR. - - New York, August 26, 1790. - -Dear Sir,--On the hasty view which the shortness of time permits me to -take of the treaty of Hopewell, the act of cession of North Carolina and -the act of acceptance by Congress, I hazard the following sentiments: - -Were the treaty of Hopewell, and the act of acceptance of Congress to -stand in any point in direct opposition to each other, I should consider -the act of acceptance as void in that point; because the treaty is a law -made by two parties, and not revocable by one of them either acting alone -or in conjunction with a third party. If we consider the acceptance as -a legislative act of Congress, it is the act of one party only; if we -consider it as a treaty between Congress and North Carolina, it is but -a subsequent treaty with another power, and cannot make void a preceding -one with a different power. - -But I see no such opposition between these two instruments. The Cherokees -were entitled to the sole occupation of the lands within the limits -guaranteed to them. The State of North Carolina, according to the _jus -gentium_ established for America by universal usage, had only a right of -pre-emption of these lands against all other nations. It could convey, -then, to its citizens only this right of pre-emption, and the right of -occupation could not be united to it till obtained by the United States -from the Cherokees. The act of cession of North Carolina only preserves -the rights of its citizens in the same state as they would have been, _had -that act never been passed_. It does not make imperfect titles perfect; -but only prevents their being made worse. Congress, by their act, accept -on these conditions. The claimants of North Carolina, then, and also the -Cherokees, are exactly where they would have been, had neither the act -of cession, nor that of acceptance, been ever made; that is, the latter -possess the right of occupation, and the former the right of pre-emption. - -Though these deductions seem clear enough, yet the question would be a -disagreeable one between the general government, a particular government, -and individuals, and it would seem very desirable to draw all the claims -of pre-emption within a certain limit, by commuting for those out of it, -and then to purchase of the Cherokees the right of occupation. - -I have the honor to be, my dear Sir, yours respectfully and affectionately. - - -TO M. LA FOREST, _Consul of France_. - - New York, August 30, 1790. - -Sir,--I asked the favor of the Secretary of the Treasury to consider the -fourth article of the consular convention, and to let me know whether -he should conclude that consuls not exercising commerce, were exempt -from paying duties on things imported for their own use. I furnished -him no explanation whatever, of what had passed on the subject at the -time of forming the convention, because I thought it should be decided -on the words of the convention, as they are offered to all the world, -and that it would only be where these are equivocal, that explanations -might be adduced from other circumstances. He considered the naked words -of the article, and delivered me as his opinion, that, according to -these, the first paragraph, "The consuls, and vice-consuls, &c., as the -natives are," subjected all their property, in whatever form and under -whatever circumstances it existed, to the same duties and taxes to which -the property of other individuals is liable, and exempts them only from -_taxes on their persons_, as poll taxes, head rates for the poor, for town -charges, &c.; and that the second paragraph, "Those of the said consuls, -&c., or other merchants," subjected such of them as exercised commerce, -even to the same _personal taxes_ as other merchants are: that the second -paragraph is an abridgment of the first, not an enlargement of it; and -that the exemption of those, not merchants, which seemed _implied_ in the -words of the second paragraph, could not be admitted against the contrary -meaning, directly and unequivocally expressed in the first. - -Such, Sir, was his opinion, and it is exactly conformable to what the -negotiators had in view in forming this article. I have turned to the -papers which passed on that occasion, and I find that the first paragraph -was proposed in the first project given in by myself, by which the -distinction between taxes on their property and taxes on their persons, -is clearly enounced, and was agreed to; but as our merchants exercising -commerce in France, would have enjoyed a much greater benefit from the -personal exemption, than those of France do here, M. de Reyneval, in his -first counter-project, inserted the second paragraph, to which I agreed. -So that the object was, in the first paragraph, to put consuls, not being -merchants, on the same footing with citizens, not being merchants; and in -the second, to put consuls, merchants, on the same footing with citizens, -merchants. - -This, Sir, we suppose to be the sense of the convention, which has become -a part of the law of the land, and the law, you know, in this country, is -not under the control of the executive, either in its meaning or course. -We must reserve, therefore, for more favorable occasions, our dispositions -to render the situation of the consuls of his Majesty as easy as possible, -by indulgences depending more on us; and of proving the sentiments of -esteem and attachment to yourself personally, with which I have the honor -to be, Sir, your most obedient, and most humble servant. - - -TO MR. BONDFIELD. - - New York, August 31, 1790. - -Dear Sir,--You will have understood perhaps that in the appointment of -consuls, which has taken place, another than yourself has been named for -Bordeaux. I feel it a duty to explain this matter to you, lest it should -give you an uneasiness as to the cause. No nomination occasioned more -difficulty, nor hung longer suspended. But the senate refused in every -instance, where there was a _native citizen_ in any port, to consent to -the nomination of any other. While this explains the reason of your not -having been appointed, I trust it will also excuse those with whom the -appointment rested. With respect to myself particularly, I beg you to be -assured that I shall be happy in every occasion of being useful to you, -and of proving to you the sentiments of esteem and attachment with which -I have the honor to be, dear Sir, your most obedient, and most humble -servant. - - -TO MR. VIAR. - - Monticello, October 27, 1790. - -Sir,--I am honored here by the receipt of your favor of the 7th instant, -covering a letter to me from the governor of East Florida, wherein he -informs me that he has received the King's orders, not to permit, under -any pretext, that persons held in slavery in the United States introduce -themselves as free, into the province of East Florida. I am happy that -this grievance, which had been a subject of great complaint from the -citizens of Georgia, is to be removed, and that we have therein a proof -as well of the general principles of justice which form the basis of his -Majesty's character and administration, as of his disposition to meet us -in the cultivation of that mutual friendship and union of interests which -would be the happiness of both countries, and is the sincere wish of ours. - -I have the honor to be, with sentiments of the most perfect respect and -esteem, Sir, your most obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Monticello, October 27, 1790. - -Sir,--I had intended to set out about this time for Philadelphia, but -the desire of having Mr. Madison's company, who cannot return for some -days yet, and believing that nothing important requires my presence at -Philadelphia as yet, induce me to postpone my departure to the 8th of -the ensuing month, so that it will be about the 12th before I can have -the honor of waiting on you at Mount Vernon, to take your commands. In -the meantime, the papers enclosed will communicate to you everything -which has occurred to me since I saw you, and worthy notice. Our affair -with Algiers seems to call for some new decision; and something will be -to be done with the new Emperor of Morocco. Mr. Madison and myself have -endeavored to press on some members of the assembly the expediency of -their undertaking to build two good private dwelling houses a year, for -ten years in the new city, to be rented or sold for the benefit of the -State. Should they do this, and Maryland as much, it will be one means of -ensuring the removal of government thither. Candidates for the Senate are -said to be the Speaker, Colonel Harrison, Colonel H. Lee, and Mr. Walker; -but it is the opinion of many that Colonel Monroe will be impressed into -the service. He has agreed, it seems, with a good deal of reluctance, to -say he will serve if chosen. I have the honor to be, with sentiments of -the most perfect respect and attachment, Sir, your most obedient, and most -humble servant. - - -TO FREDERICK KINLOCH, ESQ. - - Philadelphia, November 26, 1790. - -Dear Sir,--Your favor of April 26th, 1789, did not come to my hands -till the 4th of the last month, when it found me on my way to Virginia. -It should not otherwise have been so long unanswered. I am certainly -flattered by the approbation you are so good as to express of the Notes -on Virginia. The passage relative to the English, which has excited -disagreeable sensations in your mind, is accounted for by observing that -it was written during the war, while they were committing depredations -in my own country and on my own property never practised by a civilized -nation. Perhaps their conduct and dispositions since the war have not -been as well calculated as they might have been to excite more favorable -dispositions on our part. Still, as a political man, they shall never find -any passion in me either for or against them. Whenever their avarice of -commerce will let them meet us fairly half way, I should meet them with -satisfaction, because it would be for our benefit; but I mistake their -character if they do this under present circumstances. - -The rumors of war seem to pass away. Such an event might have produced to -us some advantages; but it might also have exposed us to dangers; and on -the whole I think a general peace more desirable. Be so good as to present -my respects to Mrs. Kinloch, and to be assured of the esteem and respect -with which I am, dear Sir, your most obedient, and most humble servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, November 26, 1790. - -Dear Sir,--I have yet to acknowledge the receipt of your two favors of -April 10 and July 7. By the latter it would seem as if you had written -an intermediate one, which has never come to hand; and the letter -of July 7 itself, was not received till the 14th of October, while -I was in Virginia, from which I am but just returned. The President -is not yet returned, though expected to-morrow. The Declaration and -Counter-Declaration established with us a full expectation that peace -would be continued; perhaps this is still the most rational opinion, -though the _English_ papers continue to talk of preparations for war. That -such an event would have ensured good prices for our produce, and so far -have been advantageous, is probable; but it would have exposed us to risks -also, which are better deferred, for some years at least. It is not to be -expected that our system of finance has met your approbation in all its -parts. It has excited even here great opposition; and more especially that -part of it which transferred the State debts to the general government. -The States of Virginia and North Carolina are peculiarly dissatisfied -with this measure. I believe, however, that it is harped on by many to -mask their disaffection to the government on other grounds. Its great foe -in Virginia is an implacable one. He avows it himself, but does not avow -all his motives for it. The measures and tone of the government threaten -abortion to some of his speculations; most particularly to that of the -Yazoo territory. But it is too well nerved to be overawed by individual -opposition. It is proposed to provide additional funds, to meet the -additional debt, by a tax on spirituous liquors, foreign and home-made, -so that the whole interest will be paid by taxes on consumption. If a -sufficiency can now be raised in this way to pay the interest at present, -its increase by the increase of population (suppose five per cent. per -annum), will alone sink the principle within a few years, operating, as -it will, in the way of compound interest. Add to this what may be done -by throwing in the aid of western lands and other articles as a sinking -fund, and our prospect is really a bright one. - -A pretty important expedition has been undertaken against the Indians -north of the Ohio. As yet we have no news of its success. The late -elections of members of Congress have changed about a third or fourth of -them. It is imagined the session of Congress, which is to begin within ten -days, will end on the 3d of March, with the federal year; as a continuance -over that day would oblige them to call forward the new members. The -admission of Vermont and Kentucky into Congress, will be decided on in -this session. I have the honor to be, with very great esteem, dear Sir, -your most obedient, and most humble servant. - - -TO COUNT DE MOUSTIER. - - Philadelphia, December 3, 1790. - -Dear Sir,--I am afraid I have suffered in your opinion from the delay -of acknowledging the receipt of your several letters, into which I have -been led by unavoidable circumstances. The truth is that since my arrival -in America (now exactly a twelve-month), I have been able to pass not -one-third of that time at the seat of government, one half of which was -lost by an illness, during which I was incapable of doing anything, and -the residue so engaged by accumulated business as to oblige me to suspend -my private correspondences. I beg you to be assured that yours is valued -by me too much to have been suspended under any other circumstances. I -am just now returned from Virginia to this place, where the members of -government are now assembling to begin its administration here, and I -avail myself of the first moments to recall myself to your recollection. -Fortune seems to have arranged among her destinies that I should never -continue for any time with a person whose manners and principles had -excited my warm attachment. While I resided in France, you resided in -America. While I was crossing over to America, you were crossing back -to France; when I am come to reside with our government, your residence -is transferred to Berlin. Of all this, Fortune is the mistress; but -she cannot change my affections, nor lessen the regrets I feel at their -perpetual disappointment. I am sincerely sorry at the delays which the -settlement of your constitution has experienced. I suppose they have -been rendered unavoidable by difficulties, and hope all will end well. -They have certainly prolonged the risk to which the new work was exposed -from without as well as within. I think it would be better to wind it -up as quickly as possible, to consider it as a mere experiment to be -amended hereafter, when time and trial shall show where it is imperfect. -Our second experiment is going on happily; and so far we have no reason -to wish for changes, except by adding those principles which several -of the States thought were necessary as a further security for their -liberties. All of these, as proposed by Congress, will certainly be -adopted, except the second, which is doubtful, and the first, which is -rejected. The powers of the government for the collection of taxes, are -found to be perfect, so far as they have been tried. This has been as -yet only by duties on consumption. As these fall principally on the rich, -it is a general desire to make them contribute the whole money we want, -if possible. And we have a hope that they will furnish enough for the -expenses of government and the interest of our whole public debt, foreign -and domestic. If they do this for the present, their increase, from the -increase of population and consumption, (which is at the rate of five per -centum per annum,) will sink the capital in thirteen or fourteen years, -as it will operate in the way of compound interest. Independent of this -prospect, which is itself a good one, we make the produce of our land -office, and some other articles, a sinking fund for the principal. We are -now going on with a census of our inhabitants. It will not be completed -till the next summer; but such progress is already made as to show our -numbers will very considerably exceed the former estimates. I shall be -happy to hear of your health and welfare everywhere, and that you will -continue persuaded of the sentiments of respect and esteem with which -I have the honor to be dear Sir, your most obedient, and most humble -servant. - - -TO MR. NOAH WEBSTER, AT HARTFORD. - - Philadelphia, December 4, 1790. - -Sir,--Your favor of October 4 came to my hands on the 20th of November. -Application was made a day or two after to Mr. Dobson for the copies of -your Essays, which were received, and one of them lodged in the office. -For that intended for myself, be pleased to accept my thanks. I return you -the order on Mr. Allen, that on Dobson having been made use of instead of -it. I submit to your consideration whether it might not be advisable to -record a second time your right to the Grammatical Institutes, in order to -bring the lodging of the copy in my office within the six months, made a -condition in the law? I have not at this moment an opportunity of turning -to the law to see if that may be done; but I suppose it possible that the -failure to fulfil the legal condition on the first record might excite -objections against the validity of that. - -In mentioning me in your Essays, and canvassing my opinions, you have -done what every man has a right to do, and it is for the good of society -that that right should be freely exercised. No republic has more zeal -than that of letters, and I am the last in principles, as I am the least -in pretensions, to any dictatorship in it. Had I other dispositions, the -philosophical and dispassionate spirit with which you have expressed -your own opinions in opposition to mine, would still have commanded -my approbation. A desire of being set right in your opinion, which I -respect too much not to entertain that desire, induces me to hazard to -you the following observations. It had become an universal and almost -uncontroverted position in the several States, that the purposes of -society do not require a surrender of all our rights to our ordinary -governors; that there are certain portions of right not necessary to -enable them to carry on an effective government, and which experience has -nevertheless proved they will be constantly encroaching on, if submitted -to them; that there are also certain fences which experience has proved -peculiarly efficacious against wrong, and rarely obstructive of right, -which yet the governing powers have ever shown a disposition to weaken -and remove. Of the first kind, for instance, is freedom of religion; of -the second, trial by jury, habeas corpus laws, free presses. These were -the settled opinions of all the States,--of that of Virginia, of which I -was writing, as well as of the others. The others had, in consequence, -delineated these unceded portions of right, and these fences against -wrong, which they meant to exempt from the power of their governors, -in instruments called declarations of rights and constitutions; and -as they did this by conventions, which they appointed for the express -purpose of reserving these rights, and of delegating others to their -ordinary legislative, executive and judiciary bodies, none of the -reserved rights can be touched without resorting to the people to appoint -another convention for the express purpose of permitting it. Where the -constitutions then have been so formed by conventions named for this -express purpose, they are fixed and unalterable but by a convention or -other body to be specially authorized; and they have been so formed by, I -believe, all the States, except Virginia. That State concurs in all these -opinions, but has run into the wonderful error that her constitution, -though made by the ordinary legislature, cannot yet be altered by the -ordinary legislature. I had, therefore, no occasion to prove to them -the expediency of a constitution alterable only by a special convention. -Accordingly, I have not in my notes advocated that opinion, though it was -and is mine, as it was and is theirs. I take that position as admitted -by them, and only proceed to adduce arguments to prove that they were -mistaken in supposing their constitution could not be altered by the -common legislature. Among other arguments I urge that the convention which -formed the constitution had been chosen merely for ordinary legislation; -that they had no higher power than every subsequent legislature was -to have; that all their acts are consequently repealable by subsequent -legislatures; that their own practice at a subsequent session proved they -were of this opinion themselves; that the opinion and practice of several -subsequent legislatures had been the same, and so conclude "that their -constitution is alterable by the common legislature." Yet these arguments -urged to prove that their constitution _is_ alterable, you cite as if -urged to prove that it _ought not to be_ alterable, and you combat them -on that ground. An argument which is good to prove one thing, may become -ridiculous when exhibited as intended to prove another thing. I will -beg the favor of you to look over again the passage in my notes, and am -persuaded you will be sensible that you have misapprehended the object of -my arguments, and therefore have combated them on a ground for which they -were not intended. My only object in this is the rectification of your own -opinion of me, which I repeat that I respect too much to neglect. I have -certainly no view of entering into the contest, whether it be expedient -to delegate unlimited powers to our ordinary governors? my opinion is -against that expediency; but my occupations do not permit me to undertake -to vindicate all my opinions, nor have they importance enough to merit it. -It cannot, however, but weaken my confidence in them, when I find them -opposed to yours, there being no one who respects the latter more than, -Sir, your most obedient, and most humble servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, December 17, 1790. - -Since mine to you of August the 12th, yours of July the 3d, August the -16th, and September the 18th, have come to hand. They suffice to remove -all doubts which might have been entertained as to the real intentions of -the British cabinet, on the several matters confided to you. The view of -government in troubling you with this business was, either to remove from -between the two nations all causes of difference, by a fair and friendly -adjustment, if such was the intention of the other party, or to place it -beyond a doubt that such was not their intention. In result, it is clear -enough that further applications would tend to delay, rather than advance -our object. It is therefore the pleasure of the President, that no orders -be made; and that in whatever state this letter may find the business, in -that state it be left. I have it in charge, at the same time, to assure -you that your conduct in these communications with the British ministers, -has met the President's entire approbation, and to convey to you his -acknowledgments for your services. - -As an attendance on this business must, at times, have interfered with -your private pursuits, and subjected you also to additional expenses, I -have the honor to enclose you a draft on our bankers in Holland, for a -thousand dollars, as an indemnification for those sacrifices. - -My letter of August the 12th, desired a certain other communication to be -made to the same court, if a war should have actually commenced. If the -event has not already called for it, it is considered as inexpedient to -be made at all. - -You will of course have the goodness to inform us of whatever may have -passed further, since the date of your last. - -In conveying to you this testimony of approbation from the President of -the United States, I am happy in an occasion of repeating assurances of -the sentiments of perfect esteem and respect with which I have the honor -to be, dear Sir, your most obedient, and most humble servant. - - -TO JOSHUA JOHNSON. - - Philadelphia, December 17, 1790. - -Sir,--Though not yet informed of the receipt of my letter, covering your -commission as consul for the United States, in the port of London, yet -knowing that the ship has arrived by which it went, I take for granted -the letter and commission have gone safe to hand, and that you have been -called into the frequent exercise of your office for the relief of our -seamen, upon whom such multiplied acts of violence have been committed in -England, by press-gangs, pretending to take them for British subjects, not -only without evidence, but against evidence. By what means may be procured -for our seamen, while in British ports, that security for their persons -which the laws of hospitality require, and which the British nation will -surely not refuse, remains to be settled. In the meantime, there is one -of these cases, wherein so wilful and so flagrant a violation has been -committed by a British officer, on the person of one of our citizens, -as requires that it be laid before his government, in friendly and firm -reliance of satisfaction for the injury, and of assurance for the future, -that the citizens of the United States, entering the ports of Great -Britain, in pursuit of a lawful commerce, shall be protected by the laws -of hospitality in usage among nations. - -It is represented to the President of the United States, that Hugh Purdie, -a native of Williamsburg, in Virginia, was, in the month of July last, -seized in London by a party of men, calling themselves press-officers, -and pretending authority from their government so to do, notwithstanding -his declarations and the evidence he offered of his being a native citizen -of the United States; and that he was transferred on board the Crescent, -a British ship of war, commanded by a Captain Young. Passing over the -intermediate violences exercised on him, because not peculiar to his case -(so many other American citizens having suffered the same), I proceed -to the particular one which distinguishes the present representation. -Satisfactory evidence having been produced by Mr. John Brown Cutting, a -citizen of the United States, to the Lords of the Admiralty, that Hugh -Purdie was a native citizen of the same States, they, in their justice, -issued orders to the Lord Howe, their Admiral, for his discharge. In the -meantime, the Lord Howe had sailed with the fleet of which the Crescent -was. But, on the 27th of August, he wrote to the board of admiralty, that -he had received their orders for the discharge of Hugh Purdie, and had -directed it accordingly. Notwithstanding these orders, the receipt of -which at sea Captain Young acknowledges, notwithstanding Captain Young's -confessed knowledge, that Hugh Purdie was a citizen of the United States, -from whence it resulted that his being carried on board the Crescent -and so long detained there, had been an act of wrong, which called -for expiatory conduct and attentions, rather than new injuries on his -part towards the sufferer, instead of discharging him according to the -orders he had received, on his arrival in port, which was on the 14th -of September, he, on the 15th, confined him in irons for several hours, -then had him bound and scourged in presence of the ship's crew, under a -threat to the executioner that if he did not do his duty well, he should -take the place of the sufferer. At length he discharged him on the 17th, -without the means of subsistence for a single day. To establish these -facts, I enclose you copies of papers communicated to me by Mr. Cutting, -who laid the case of Purdie before the board of admiralty, and who can -corroborate them by his personal evidence. He can especially verify the -letter of Captain Young, were it necessary to verify a paper, the original -of which is under the command of his Majesty's ministers, and this paper -is so material, as to supersede of itself all other testimony, confessing -the orders to discharge Purdie, that yet he had whipped him, and that -it was impossible, without giving up all sense of discipline, to avoid -whipping a free American citizen. We have such confidence in the justice -of the British government, in their friendly regard to these States, in -their respect for the honor and good understanding of the two countries, -compromitted by this act of their officer, as not to doubt their due -notice of _him_, indemnification to the sufferer, and a friendly assurance -to these States that effectual measures shall be adopted in future, to -protect the persons of their citizens while in British ports. - -By the express command of the President of the United States, you are -to lay this case, and our sense of it, before his Britannic Majesty's -minister for Foreign Affairs, to urge it on his particular notice by all -the motives which it calls up, and to communicate to me the result. - -I have the honor to be, with great esteem, your most obedient humble -servant. - - -TO JOSHUA JOHNSON. - - Philadelphia, December 23, 1790. - -Dear Sir,--The vexations of our seamen and their sufferings under -the press-gangs of England, have become so serious, as to oblige -our government to take serious notice of it. The particular case has -been selected where the insult to the United States has been the most -barefaced, the most deliberately intentional, and the proof the most -complete. The enclosed letter to you is on that subject, and has been -written on the supposition that you would show the original to the Duke -of Leeds, and give him a copy of it, but as of your own movement, and -not as if officially instructed so to do. You will be pleased to follow -up this matter as closely as decency will permit, pressing it in firm -but respectful terms, on all occasions. We think it essential that -Captain Young's case may be an example to others. The enclosed letters -are important. Be so good as to have them conveyed by the surest means -possible. - -I am, with great esteem, dear Sir, your most obedient, and most humble -servant. - - -TO A. HAMILTON. - - December 29, 1790. - -Thomas Jefferson presents his respectful compliments to the Secretary of -the Treasury, and his condolences on the accident of the other evening, -which he hopes has produced no serious loss. - -He encloses to the Secretary of the Treasury a report of a committee of -the National Assembly of France, on the subject of Billon, containing more -particular information as to that species of coin than he had before met -with. If the metal be so mixed as to make it of 1-5 of the intrinsic value -of the standard silver coin of the United States, the cent of billon will -be a little smaller than the present 16ths of dollars, and consequently be -more convenient than a copper cent. This he submits to the better judgment -of the Secretary of the Treasury, and hopes he will consider the liberty -taken as an advance towards unreserved communications for reciprocal -benefit. - - -TO MR. SHORT. - - Philadelphia, January 23, 1791. - -Sir,--The 3d and subsequent amendments to the constitution have -been agreed to by New Hampshire, Rhode Island, New York, New Jersey, -Pennsylvania, Delaware, Maryland, North Carolina, and South Carolina. The -first by New Hampshire, Rhode Island, New York, New Jersey, Maryland, -North and South Carolina, and the second by only New Jersey, Delaware, -Maryland, and the two Carolinas. The other States, viz. Massachusetts, -Connecticut, Virginia and Georgia, have not decided on them. Vermont -has acceded to the new Constitution of the United States, and is coming -forward to ask admission into Congress. Kentucky has asked the same, -and a bill for the purpose has passed the Senate, and is now before the -Representatives, where it will meet with no difficulty. But they have only -asked admission for the year 1792. - -The census had made considerable progress, but will not be completed till -midsummer. It is judged at present that our numbers will be between four -and five millions. Virginia it is supposed will be between 7 and 800,000. - -You will perceive by the papers that the object of our Indian expedition -has been so imperfectly obtained, as to call for another the ensuing -year. By the present conveyance you will probably receive a proclamation, -locating the federal territory so as to comprehend Georgetown. It will -appear within a day or two. We must still pursue the redemption of our -captives through the same channel, till some better means can be devised. -The money, however, which is in Mr. Grand's hands, will be the subject -of a letter to you from the Secretary of the Treasury, as soon as he can -have an act of Congress authorizing the application of it to the debt of -the foreign officers. - -The most important matters now before Congress are propositions to -establish a bank, to establish a land office and excise. The latter -measure, though severely modified, is very unpopular in the middle and -southern States. - -Fenno's and Davies' papers will accompany this. These contain all the laws -of the last session, and therefore it is thought better to defer sending -them to you in a body, till a third edition appears, which is proposed to -be printed, as this will be more conveniently conveyed as well as handled. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO COLONEL MASON. - - Philadelphia, February 4, 1791. - -Dear Sir,--I am to make you my acknowledgments for your favor of January -10th, and the information from France which it contained. It confirmed -what I had heard more loosely before, and accounts still more recent are -to the same effect. I look with great anxiety for the firm establishment -of the new government in France, being perfectly convinced that if it -takes place there, it will spread sooner or later all over Europe. On -the contrary, a check there would retard the revival of liberty in other -countries. I consider the establishment and success of their government -as necessary to stay up our own, and to prevent it from falling back to -that kind of a half-way house, the English constitution. It cannot be -denied that we have among us a sect who believe that to contain whatever -is perfect in human institutions; that the members of this sect have, -many of them, names and offices which stand high in the estimation of our -countrymen. I still rely that the great mass of our community is untainted -with these heresies, as is its head. On this I build my hope that we have -not labored in vain, and that our experiment will still prove that men -can be governed by reason. You have excited my curiosity in saying "there -is a particular circumstance, little attended to, which is continually -sapping the republicanism of the United States." What is it? What is said -in our country of the fiscal arrangements now going on? I really fear -their effect when I consider the present temper of the southern States. -Whether these measures be right or wrong abstractedly, more attention -should be paid to the general opinion. However, all will pass--the excise -will pass--the bank will pass. The only corrective of what is corrupt in -our present form of government will be the augmentation of the numbers in -the lower House, so as to get a more agricultural representation, which -may put that interest above that of the stock-jobbers. - -I had no occasion to sound Mr. Madison on your fears expressed in your -letter. I knew before, as possessing his sentiments fully on that subject, -that his value for you was undiminished. I have always heard him say that -though you and he appeared to differ in your systems, yet you were in -truth nearer together than most persons who were classed under the same -appellation. You may quiet yourself in the assurance of possessing his -complete esteem. I have been endeavoring to obtain some little distinction -for our useful customers, the French. But there is a particular interest -opposed to it, which I fear will prove too strong. We shall soon see. -I will send you a copy of a report I have given in, as soon as it is -printed. I know there is one part of it contrary to your sentiments; yet -I am not sure you will not become sensible that a change should be slowly -preparing. Certainly, whenever I pass your road, I shall do myself the -pleasure of turning into it. Our last year's experiment, however, is much -in favor of that by Newgate. - -I am, with great respect and esteem, dear Sir, your friend and servant. - - -TO CHARLES HELLSTEDT, SWEDISH CONSUL. - - Philadelphia, February 14, 1791. - -Sir,--I now return you the papers you were pleased to put into my hands, -when you expressed to me your dissatisfaction that our court of admiralty -had taken cognizance of a complaint of some Swedish sailors against -their captain for cruelty. If there was error in this proceeding, the law -allows an appeal from that to the Supreme Court; but the appeal must be -made in the forms of the law, which have nothing difficult in them. You -were certainly free to conduct the appeal yourself, without employing an -advocate, but then you must do it in the usual form. Courts of justice, -all over the world, are held by the laws to proceed according to certain -forms, which the good of the suitors themselves requires they should not -be permitted to depart from. - -I have further to observe to you, Sir, that this question lies altogether -with the courts of justice; that the constitution of the United States -having divided the powers of government into three branches, legislative, -executive, and judiciary, and deposited each with a separate body of -magistracy, forbidding either to interfere in the department of the other, -the executive are not at liberty to intermeddle in the present question. -It must be ultimately decided by the Supreme Court. If you think proper to -carry it into that, you may be secure of the strictest justice from them. -Partialities they are not at liberty to show. But, for whatever may come -before the executive, relative to your nation, I can assure you of every -favor which may depend on their dispositions to cultivate harmony and a -good understanding with it. - -I have the honor to be, with great esteem, Sir, your most obedient, and -most humble servant. - - -TO MR. HAZARD. - - Philadelphia, February 18, 1791. - -Sir,--I return you the two volumes of records, with thanks for the -opportunity of looking into them. They are curious monuments of the -infancy of our country. I learn with great satisfaction that you are about -committing to the press the valuable historical and State papers you have -been so long collecting. Time and accident are committing daily havoc on -the originals deposited in our public offices. The late war has done the -work of centuries in this business. The last cannot be recovered, but -let us save what remains; not by vaults and locks which fence them from -the public eye and use in consigning them to the waste of time, but by -such a multiplication of copies, as shall place them beyond the reach of -accident. This being the tendency of your undertaking, be assured there is -no one who wishes it more success than, Sir, your most obedient and most -humble servant. - - -TO ----.[3] - Philadelphia, February 19, 1791. - -Dear Sir,--I feel both the wish and the duty to communicate, in compliance -with your request, whatever, within my knowledge, might render justice -to the memory of our great countrymen, Dr. Franklin, in which Philosophy -has to deplore one of its principal luminaries extinguished. But my -opportunities of knowing the interesting facts of his life, have not been -equal to my desire of making them known. I could indeed relate a number -of those bon mots, with which he used to charm every society, as having -heard many of them. But these are not your object. Particulars of greater -dignity happened not to occur during his stay of nine months, after my -arrival in France. - -A little before that, Argand had invented his celebrated lamp, in which -the flame is spread into a hollow cylinder, and thus brought into contact -with the air within as well as without. Doctor Franklin had been on the -point of the same discovery. The idea had occurred to him; but he had -tried a bull-rush as a wick, which did not succeed. His occupations did -not permit him to repeat and extend his trials to the introduction of a -larger column of air than could pass through the stem of a bull-rush. - -The animal magnetism too of the maniac Mesmer, had just received its -death wound from his hand in conjunction with his brethren of the learned -committee appointed to unveil that compound of fraud and folly. But after -this, nothing very interesting was before the public, either in philosophy -or politics, during his stay; and he was principally occupied in winding -up his affairs there. - -I can only therefore testify in general, that there appeared to me more -respect and veneration attached to the character of Doctor Franklin in -France, than to that of any other person in the same country, foreign -or native. I had opportunities of knowing particularly how far these -sentiments were felt by the foreign ambassadors and ministers at the court -of Versailles. The fable of his capture by the Algerines, propagated by -the English newspapers, excited no uneasiness; as it was seen at once -to be a dish cooked up to the palate of their readers. But nothing could -exceed the anxiety of his diplomatic brethren, on a subsequent report of -his death, which, though premature, bore some marks of authenticity. - -I found the ministers of France equally impressed with the talents and -integrity of Dr. Franklin. The Count de Vergennes particularly gave me -repeated and unequivocal demonstrations of his entire confidence in him. - -When he left Passy, it seemed as if the village had lost its patriarch. On -taking leave of the court, which he did by letter, the King ordered him to -be handsomely complimented, and furnished him with a litter and mules of -his own, the only kind of conveyance the state of his health could bear. - -No greater proof of his estimation in France can be given than the late -letters of condolence on his death, from the National Assembly of that -country, and the community of Paris, to the President of the United -States and to Congress, and their public mourning on that event. It is, -I believe, the first instance of that homage having been paid by a public -body of one nation to a private citizen of another. - -His death was an affliction which was to happen to us at some time or -other. We have reason to be thankful he was so long spared; that the most -useful life should be the longest also; that it was protracted so far -beyond the ordinary span allotted to man, as to avail us of his wisdom in -the establishment of our own freedom, and to bless him with a view of its -dawn in the east, where they seemed, till now, to have learned everything, -but how to be free. - -The succession to Dr. Franklin, at the court of France, was an excellent -school of humility. On being presented to any one as the minister of -America, the commonplace question used in such cases was "_c'est vous, -Monsieur, qui remplace le Docteur Franklin?_" "it is you, Sir, who replace -Doctor Franklin?" I generally answered, "no one can replace him, Sir: I -am only his successor." - -These small offerings to the memory of our great and dear friend, whom -time will be making greater while it is spunging us from its records, must -be accepted by you, Sir, in that spirit of love and veneration for him, -in which they are made; and not according to their insignificance in the -eyes of a world, who did not want this mite to fill up the measure of his -worth. - -I pray you to accept, in addition, assurances of the sincere esteem and -respect with which I have the honor to be, Sir, your most obedient, and -most humble servant. - - -FOOTNOTE: - - [3] [Address illegible.] - - -TO HIS EXCELLENCY GOVERNOR HANCOCK. - - Philadelphia, February 20, 1791. - -Sir,--With many thanks for the papers and information you were pleased -to have procured for me on the important subject of the fisheries, I do -myself the honor of now enclosing you a copy of my report to the House of -Representatives. From the disposition I see prevailing in the principal -mass of the Southern members to take measures which may secure to us the -principal markets for the produce of the fisheries, and for rescuing our -carrying trade from a nation not disposed to make just returns for it, -I am in hopes something effectual will be done this session, if these -principles are solidly supported by the members from your part of the -Union, of which I trust there is no cause to doubt. Should nothing be -done, I cannot say what consequences will follow, nor calculate their -extent. May I take the liberty of presenting through you, Sir, another -copy of the report to the committee who were pleased to lend their -assistance in the collection of materials; to show them that I have not -failed to present their testimony in that view which might tend to procure -a proper interference in this interesting branch of business. - -I have the honor to be, with sentiments of the most perfect respect and -attachment, your Excellency's most obedient, and most humble servant. - - -TO M. DE PINTO. - - Philadelphia, February 21, 1791. - -Sir,--I have duly received the letter of November the 30th, which your -Excellency did me the honor to write, informing me that her most faithful -Majesty had appointed Mr. Freire her minister resident with us, and -stating the difficulty of meeting us in the exchange of a chargé des -affaires, the grade proposed on our part. It is foreseen, that a departure -from our system in this instance, will materially affect our arrangements -with other nations; but the President of the United States has resolved -to give her Majesty this proof of his desire to concur in whatever may -best tend to promote that harmony and perfect friendship so interesting -to both countries. He has, therefore, appointed Colonel Humphreys to be -minister resident for the United States, at the court of her Majesty. -This gentleman has long been of the President's own family, and enjoys -his particular confidence. I make no doubt he will so conduct himself as -to give perfect satisfaction to her Majesty and yourself, and I therefore -recommend him to your friendly attention and respect. Mr. Freire will -have every title to the same from us, and will assuredly receive it. It -is always with pleasure, that I repeat the homage of those sentiments of -respect and esteem with which I have the honor to be, your Excellency's -most obedient, and most humble servant. - - -TO MR. PHILIP FRENEAU. - - Philadelphia, February 28, 1791. - -Sir,--The clerkship for foreign languages in my office is vacant. The -salary, indeed, is very low, being but two hundred and fifty dollars a -year; but also, it gives so little to do, as not to interfere with any -other calling the person may choose, which would not absent him from the -seat of government. I was told a few days ago, that it might perhaps be -convenient to you to accept it. If so, it is at your service. It requires -no other qualification than a moderate knowledge of the French. Should -anything better turn up within my department that might suit you, I should -be very happy to be able to bestow it so well. Should you conclude to -accept the present, you may consider it as engaged to you, only be so good -as to drop me a line informing me of your resolution. I am, with great -esteem, Sir, your very humble servant. - - -TO THE COUNT DE MOUSTIER. - - Philadelphia, March 2, 1791. - -Sir,--I have received your favor of November 6th, wherein you inform me -that the King has thought proper, by a new mission to the court of Berlin, -to put an end to your functions as his minister plenipotentiary with the -United States. The President, in a letter to the King, has expressed his -sense of your merit, and his entire approbation of your conduct while -here, and has charged me to convey to yourself the same sentiments on his -part. - -Had you returned to your station with us, you would have received new -and continued marks of the esteem inspired by the general worth of your -character, as well by the particular dispositions you manifested towards -this country. - -Amidst the regrets excited by so early a loss of you, it will be a -consolation, if your new situation shall contribute to advance your own -happiness. - -As a testimony of these sentiments, we ask your acceptance of a medal and -chain of gold, with which Mr. Short is instructed to present you on the -part of the United States. - -To this general tribute, permit me to add my own, with sincere wishes for -your constant happiness, and assurances of the respect and esteem with -which I have the honor to be, Sir, your most obedient, and most humble -servant. - - -TO MR. INNES. - - Philadelphia, March 7, 1791. - -Dear Sir,--Your favor of July 8, came to my hands November 30. The -infrequency of conveyances, is an apology for this late answer. I receive -with pleasure this recognition and renewal of your former acquaintance, -and shall be happy to continue it by an exchange of epistolary -communications. Yours to me will be always welcome. Your first gives -me information in the line of Natural History, and the second (not yet -received) promises political news. The first is my passion, the last my -duty, and therefore both desirable. I believe entirely with you, that -the remains of fortifications found in the Western country, have been -the works of the natives. Nothing I have ever yet heard of, proved the -existence of a nation here who knew the use of iron. I have never heard -even of _burnt_ bricks, though they might be made without iron. The statue -you have been so kind as to send me, and for which I beg you to accept my -thanks, would, because of the hardness of the stone, be a better proof of -the use of iron, than I ever yet saw; but as it is a solitary fact, and -possible to have been made with implements of stone, and great patience, -for which the Indians are remarkable, I consider it to have been so -made. It is certainly the best piece of workmanship I ever saw from their -hands. If the artist did not intend it, he has very happily hit on the -representation of a woman in the first moments of parturition. - -Mr. Brown, the bearer of this, will give you the Congressional news, -some good, some so so, like everything else in this world. Our endeavors -the last year to punish your enemies have had an unfortunate issue. The -federal council has yet to learn by experience, which experience has long -ago taught us in Virginia, that rank and file fighting will not do against -Indians. I hope this year's experiment will be made in a more auspicious -form. Will it not be possible for you to bring General Clark forward? I -know the greatness of his mind, and am the more mortified at the cause -which obscures it. Had not this unhappily taken place, there was nothing -he might not have hoped: could it be surmounted, his lost ground might -yet be recovered. No man alive rated him higher than I did, and would -again, were he to become again what I knew him. We are made to hope he -is engaged in writing the account of his expeditions north of Ohio. They -will be valuable morsels of history, and will justify to the world those -who have told them how great he was. - -Mr. Brown will tell you also that we are not inattentive to the interests -of your navigation. Nothing short of actual rupture is omitted. What its -effect will be, we cannot yet foretell; but we should not stop even here, -were a favorable conjuncture to arise. The move we have now made must -bring the matter to issue. I can assure you of the most determined zeal -of our chief magistrate in this business, and I trust mine will not be -doubted so far as it can be of any avail. The nail will be driven as far -as it will go peaceably, and farther the moment that circumstances become -favorable. I am, with great esteem, dear Sir, your friend and servant. - - -TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE. - - Philadelphia, March 8, 1791. - -Sir,--I have it in charge from the President of the United States of -America, to communicate to the National Assembly of France, the peculiar -sensibility of Congress to the tribute paid to the memory of Benjamin -Franklin, by the enlightened and free representatives of a great nation, -in their decree of the 11th of June, 1790. - -That the loss of such a citizen should be lamented by us, among whom he -lived, whom he so long and eminently served, and who feel their country -advanced and honored by his birth, life and labors, was to be expected. -But it remained for the National Assembly of France, to set the first -example of the representative of one nation, doing homage, by a public -act, to the private citizen of another, and by withdrawing arbitrary -lines of separation, to reduce into our fraternity the good and the great, -wherever they have lived or died. - -That these separations may disappear between us in all times and -circumstances, and that the union of sentiment which mingles our sorrows -on this occasion, may continue long to cement the friendship and the -interests of our two nations, is our constant prayer. With no one is -it more sincere than with him, who, in being charged with the honor of -conveying a public sentiment, is permitted that of expressing the homage -of profound respect and veneration with which he is, Sir, your most -obedient, and most humble servant. - - -TO GOVERNOR QUESADA. - - Philadelphia, March 10, 1791. - -Sir,--We have received with great satisfaction, notification of the -orders of his Catholic Majesty, not to permit that persons, held in -slavery within the United States, introduce themselves as free persons -into the Province of Florida. The known justice of his Majesty and his -Government, was a certain dependence to us, that such would be his -will. The assurances your Excellency has been pleased to give us of -your friendly dispositions, leave us no doubt you will have faithfully -executed a regulation so essential to harmony and good neighborhood. As -a consequence of the same principles of justice and friendship, we trust -that your Excellency will permit, and aid the recovery of persons of the -same description, who have heretofore taken refuge within your Government. -The bearer hereof is authorized to wait on your Excellency to confer on -this subject, and to concur in such arrangements as you shall approve for -the recovery of such fugitives. - -I beg you to be assured that no occasion shall be neglected of proving our -dispositions to reciprocate these principles of justice and friendship, -with the subjects of his Catholic Majesty, and that you will be pleased -to accept the homage of those sentiments of respect and esteem, with which -I have the honor to be, Sir, your most obedient, and most humble servant. - - -TO THE SECRETARY OF THE TREASURY. - - Philadelphia, March 12, 1791. - -Dear Sir,--The President has thought proper to appoint Colonel David -Humphreys, minister resident for the United States at the court of Lisbon, -with a salary of four thousand five hundred dollars a year, and an outfit -equal to a year's salary. Besides this, by a standing regulation, he will -be allowed his disbursements for gazettes transmitted here, translating -and printing paper, where that shall be necessary, postage, couriers, and -necessary aids to _poor_ American sailors. An opportunity occurring, by a -vessel sailing for Lisbon within a few days, to send him his commission, -I shall be obliged to you to enable me to convey to him at the same time -the means of receiving his outfit in the first instance, and his salary -and disbursements above described, in quarterly payments afterwards. - -An act of Congress having authorized the President to take measures for -procuring a recognition of our treaty from the new Emperor of Morocco, -arrangements for that purpose have been decided. The act allows twenty -thousand dollars for this object, but not more than thirteen thousand -dollars will be called for in the first instance, if at all, and these, -or the means of drawing for them, not till six weeks hence. I thought it -proper, however, to apprise you of the call at the earliest day possible, -and while the President is here, and to ask your attention to it. I have -the honor to be, with sentiments of the most perfect respect and esteem, -dear Sir, your most obedient, and most humble servant. - - -TO MAJOR L'ENFANT. - - March --, 1791. - -Sir,--You are desired to proceed to Georgetown, where you will find Mr. -Ellicott employed in making a survey and map of the Federal territory. The -special object of asking your aid is to have drawings of the particular -grounds most likely to be approved for the site of the federal town and -buildings. You will therefore be pleased to begin on the eastern branch, -and proceed from thence upwards, laying down the hills, valleys, morasses, -and waters between that, the Potomac, the Tyber, and the road leading from -Georgetown to the eastern branch, and connecting the whole with certain -fixed points of the map Mr. Ellicott is preparing. Some idea of the height -of the hills above the base on which they stand, would be desirable. For -necessary assistance and expenses, be pleased to apply to the Mayor of -Georgetown, who is written to on this subject. I will beg the favor of -you to mark to me your progress about twice a week, by letter, say every -Wednesday and Saturday evening, that I may be able in proper time to draw -your attention to some other objects, which I have not at this moment -sufficient information to define. I am, with great esteem, Sir, your most -obedient humble servant. - - -TO WILLIAM CARMICHAEL. - - Philadelphia, March 12, 1791. - -Sir,--I enclose, you a statement of the case of Joseph St. Marie, a -citizen of the United States of America, whose clerk, Mr. Swimmer, was, -in the latter part of the year 1787, seized on the eastern side of the -Mississippi, in latitude 34° 40', together with his goods, of the value of -nineteen hundred and eighty dollars, by a party of Spanish soldiers. They -justified themselves under the order of a Mr. Valliere, their officer, -who avowed authority from the Governor of New Orleans, requiring him to -seize and confiscate all property _found on either side of the Mississippi -below the mouth of the Ohio_. The matter being then carried by St. Marie -before the Governor of New Orleans, instead of correcting the injury, -he avowed the act and its principle, and pretended orders from his court -for this and more. We have so much confidence, however, in the moderation -and friendship of the court of Madrid, that we are more ready to ascribe -this outrage to officers acting at a distance, than to orders from a -just sovereign. We have hitherto considered the delivery of the post of -the Natchez, on the part of Spain, as only awaiting the result of those -arrangements which have been under amicable discussion between us; but the -remaining in possession of a post which is so near our limit of thirty-one -degrees, as to admit some color of doubt whether it be on our side or -theirs, is one thing; while it is a very different one, to launch two -hundred and fifty miles further, and seize the persons and property of our -citizens; and that too, in the very moment that a friendly accommodation -of all differences, is under discussion. Our respect for their candor and -good faith does not permit us to doubt, that proper notice will be taken -of the presumption of their officer, who has thus put to hazard the peace -of both nations, and we particularly expect that indemnification will be -made to the individual injured. On this you are desired to insist in the -most friendly terms, but with that earnestness and perseverance which the -complexion of this wrong requires. The papers enclosed will explain the -reasons of the delay which has intervened. It is but lately they have been -put into the hands of our government. - -We cannot omit this occasion of urging on the court of Madrid, the -necessity of hastening a final acknowledgment of our right to navigate -the Mississippi; a right which has been long suspended in exercise, with -extreme inconvenience on our part, merely with a desire of reconciling -Spain to what it is impossible for us to relinquish. An accident at -this day, like that now complained of, would put further parley beyond -our power; yet to such accidents we are every day exposed by the -irregularities of their officers, and the impatience of our citizens. -Should any spark kindle these dispositions of our borderers into a flame, -we are involved beyond recall by the eternal principles of justice to -our citizens, which we will never abandon. In such an event, Spain cannot -possibly gain, and what may she not lose? - -The boldness of this act of the Governor of New Orleans, and of his avowal -of it, renders it essential to us to understand the court of Spain on this -subject. You will, therefore, avail yourself of the earliest occasion of -obtaining their sentiments, and of communicating them to us. - -I have the honor to be, with great esteem, Sir, your most obedient, and -most humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, March 12, 1791. - -Dear Sir,--The enclosed papers will explain to you a case which imminently -endangers the peace of the United States with Spain. It is not, indeed, -of recent date, but it has been recently laid before government, and -is of so bold a feature as to render dangerous to our rights a further -acquiescence in their suspension. The middle ground held by France between -us and Spain, both in friendship and interest, requires that we should -communicate with her with the fullest confidence on this occasion. I -therefore enclose you a copy of my letter to Mr. Carmichael, and of the -papers it refers to, to be communicated to Monsieur de Montmorin, whose -efficacious interference with the court of Madrid you are desired to ask. -We rely with great confidence on his friendship, justice and influence. - -A cession of the navigation of the Mississippi, with such privileges -as to make it useful, and free from future chicane, can be no longer -dispensed with on our part; and perhaps while I am writing, something may -have already happened to cut off this appeal to friendly accommodation. -To what consequences such an event would lead, cannot be calculated. To -such, very possibly, as we should lament, without being able to control. -Your earnestness with Monsieur de Montmorin, and with the court of -Spain, cannot be more pressing than the present situation and temper of -this country requires. The case of St. Marie happens to be the incident -presenting itself in the moment, when the general question must otherwise -have been brought forward. We rely, on this occasion, on the good offices -of the Marquis de La Fayette, whom you are desired to interest in it. - -I am, with sincere and great esteem, dear Sir, your most obedient, and -most humble servant. - - -TO COLONEL INNES. - - Philadelphia, March 13, 1791. - -Dear Sir,-- - - * * * * * - -What is said with you of the most prominent proceedings of the last -Congress? The disapprobation of the assumption with you leads us naturally -to attend to your reception of laws for carrying it into effect, which -have been thought to present themselves in an unfavorable view. What -will be thought of measures taken to force Great Britain by a navigation -act, to come forward in fair treaty, and let us substantially into her -islands, as a price for the advantages of navigation and commerce which -she now derives from us? This is interesting to our agriculture, provided -the means adopted be sufficiently gradual. I wish you would come forward -to the federal legislature and give your assistance on a larger scale -than that on which you are acting at present. I am satisfied you could -render essential service; and I have such confidence in the purity -of your republicanism, that I know your efforts would go in a right -direction. Zeal and talents added to the republican scale will do no -harm in Congress. It is fortunate that our first executive magistrate is -purely and zealously republican. We cannot expect all his successors to -be so, and therefore should avail ourselves the present day to establish -principles and examples which may fence us against future heresies -preached now, to be practised hereafter. I repeat my wish that I could see -you come into the federal councils; no man living joining more confidence -in your principles and talents to higher personal esteem than, dear Sir, -your most obedient humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, March 15, 1791. - -Dear Sir,--In mine of January the 23d, I acknowledged the receipt of your -letters from No. 29 to 48 inclusive, except 31, 44, 45, 46. Since that I -have received Nos. 45 and 50; the former in three months and seven days, -the latter in two months and seventeen days, by the English packet, which -had an uncommonly long passage. Nos. 31, 44, 46, 47, 48, 49, are still -missing. They have probably come through merchant vessels and merchants, -who will let them lie on their counters two or three months before they -will forward them. I wrote you on the 8th and 12th instant, by a private -hand, on particular subjects. I am not certain whether this will be in -time to go by the same conveyance. In yours of December 23d, you suppose -we receive regularly the journals of the National Assembly from your -secretary at Paris, but we have never received anything from him. Nothing -has been addressed to him, his name being unknown to us. - -It gives great satisfaction that the _Arret du Conseil_ of December, -1787, stands a chance of being saved. It is, in truth, the sheet-anchor -of our connection with France, which will be much loosened when that -is lost. This _Arret_ saved, a free importation of salted meats into -France, and of provisions of all kinds into her colonies, will bind our -interests to that country more than to all the world besides. It has -been proposed in Congress to pass a navigation act, which will deeply -strike at that of Great Britain. I send you a copy of it. It is probable -the same proposition will be made at the next Congress, as a first step, -and for one more extensive at a later period. It is thought the first -will be carried; the latter will be more doubtful. Would it not be worth -while to have the bill now enclosed, translated, printed and circulated -among the members of the National Assembly? If you think so, have it done -at the public expense, with any little comment you may think necessary, -concealing the quarter from whence it is distributed; or take any other -method you think better, to see whether that Assembly will not pass a -similar act. I shall send copies of it to Mr. Carmichael, at Madrid, and -to Colonel Humphreys, appointed resident at Lisbon, with a desire for them -to suggest similar acts there. The measure is just, perfectly innocent as -to all other nations, and will effectually defeat the navigation act of -Great Britain, and reduce her power on the ocean within safer limits. - -The time of the late Congress having expired on the 3d instant, they then -separated of necessity. Much important matter was necessarily laid over; -this navigation act among others. The land law was put off, and nothing -farther done with the mint than to direct workmen to be engaged. The new -Congress will meet on the 4th Monday in October. Their laws shall be sent -you by the first opportunity after they shall be printed. You will receive -herewith those of their second session. We know that Massachusetts has -agreed to the amendments to the Constitution, except (as is said) the -first, second, and twelfth articles. The others, therefore, are now in -force. The articles excepted will depend on the other legislatures. The -late expedition against the northern Indians having been ineffectual, more -serious operations against them will be undertaken as soon as the season -admits. The President is just now setting out on a tour to the southern -States, from whence he will not return till June. The British packet being -the quickest mode of conveyance, I shall avail myself of that, as well -as of the French packet, to write to you. Are the letters which now pass -through the French post offices opened, as they were under the former -government? This is important for me to know. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - -P. S. I omitted to draw your attention to an additional duty of one cent -per gallon on rum, by name. This was intended as some discrimination -between England and France. It would have been higher, but for the fear -of affecting the revenues in a contrary direction. - - -TO WILLIAM SHORT. - - Philadelphia, March 19, 1791. - -Dear Sir,--Your letter of November the 6th, No. 46, by Mr. Osmont, came -to hand yesterday, and I have just time, before the departure of Mr. -Terrasson, the bearer of my letter of the 15th instant, and despatches -accompanying it, to acknowledge the receipt, and inform you that it has -been laid before the President. On consideration of the circumstances -stated in the second page of your letter, he is of opinion, that it is -expedient to press at this moment a settlement of our difference with -Spain. You are therefore desired, instead of confining your application -for the interference of the court of France, to the simple case of St. -Marie, mentioned in my letter of the 12th, to ask it on the broad bottom -of general necessity, that our right of navigating the Mississippi be -at length ceded by the court of Madrid, and be ceded in such form, as to -render the exercise of it efficacious and free from chicane. This cannot -be without an entrepôt in some convenient port of the river, where the -river and sea craft may meet and exchange loads, without any control from -the laws of the Spanish government. This subject was so fully developed -to you in my letter of August the 10th, 1790, that I shall at present -only refer to that. We wish you to communicate this matter fully to the -Marquis de La Fayette, to ask his influence and assistance, assuring -him that a settlement of this matter is become indispensable to us; any -further delay exposing our peace, both at home and abroad, to accidents, -the result of which are incalculable, and must no longer be hazarded. His -friendly interposition on this occasion, as well as that of his nation, -will be most sensibly felt by us. To his discretion, therefore, and yours, -we confide this matter, trusting that you will so conduct it as to obtain -our right in an efficacious form; and at the same time to preserve to us -the friendship of France and Spain, the latter of which we value much, -and the former infinitely. - -Mr. Carmichael is instructed to press this matter at Madrid: yet if the -Marquis and yourself think it could be better effected at Paris, with the -Count de Nunnez, it is left to you to endeavor to try it there. Indeed, -we believe it would be more likely to be settled there, than at Madrid -or here. Observe always, that to accept the navigation of the river -without an entrepôt would be perfectly useless, and that an entrepôt, if -tramelled, would be a certain instrument for bringing on war instead of -preventing it. - -I am, with great esteem, dear Sir, your most obedient humble servant. - - -TO DR. WISTAR. - - Philadelphia, March 20, 1791. - -Sir,--I am thankful for the trouble which yourself and Dr. Hutchinson -have taken, and are still willing to take, on the subject of Mr. Isaacs' -discovery. However his method may turn out, this advantage will certainly -result from it, that having drawn the public attention to the subject, it -may be made the occasion of disseminating among the masters of vessels a -knowledge of the fact, that fresh water may be obtained from salt water -by a common distillation, and in abundance. Though Lind's, Irvine's, and -McQueer's experiments should suffice to satisfy them of this, yet it may -fix their faith more firmly, if we can say to them that we have tried -these experiments ourselves, and can vouch for their effect. If Mr. Isaacs -can increase that effect, so much the better; it will be a new flower in -the American wreath. He is poor, and complains that his delay here is very -distressing to him. Therefore, I propose to-morrow for the experiment, -and will ask the favor of you to fix any hour that may best suit the -convenience of Dr. Hutchinson and yourself, from five in the morning to -twelve at night, all being equal to me. Only be good as to notify it in -time for me to give notice to Mr. Isaacs. Will it not save time, if the -great still can be set agoing at the same time with the small ones? He -protests against any unfavorable conclusions from a small experiment, -because never having tried his method in a small way, he does not know -how to proportion his mixture. I am, with great esteem, Sir, your most -obedient humble servant. - - -TO HIS EXCELLENCY GOVERNOR MARTIN. - - Philadelphia, March 26, 1791. - -Sir,--Having in charge to lay before Congress a general statement of all -the lands subject to their disposal, it becomes necessary for me, so far -as respects the proceedings of North Carolina, to draw on a map the line -which forms the Eastern boundary of the cession of that State to Congress, -and then to specify all the private claims within the cession, which form -exceptions to their general right of granting the ceded territory. Three -classes of these exceptions have been stated to me. First, the returns -from Armstrong's office. Second, the claims of the officers of the North -Carolina line of the lands reserved for them on the Cumberland. Third, -a grant of twenty-five thousand acres to General Greene. I find myself -under the necessity of troubling your Excellency to enable me to lay down -with precision this dividing line, and then a precise specification and -location of the three classes of exceptions before mentioned, and also, -any other exceptions which you may know of. Besides that these things -can be known only from your offices, I am induced to ask you to take the -trouble from an assurance that you will be glad to assist in furnishing -any information which may prevent the citizens of your State from being -involved in litigations by a sale to others of lands to which they may -have a just claim, and which would not be so sold, if their claims could -be previously known. As I propose to set about this statement immediately, -I shall consider it as a great personal obligation, if the measures -which your Excellency may be pleased to take for my assistance, can be -immediately executed, and the result communicated to me. I have the honor -to be, with great esteem and respect, your Excellency's most obedient, -and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, March 27, 1791. - -Sir,--I have been again to see Mr. Barclay on the subject of his mission, -and to hasten him. I communicated to him the draught of his instructions, -and he made an observation which may render a small change expedient. -You know it has been concluded that he should go without any defined -character, in order to save expense. He observed that if his character -was undefined they would consider him as an Ambassador, and expect -proportional liberalities, and he thought it best to fix his character -to that of consul, which was the lowest that could be employed. Thinking -that there is weight in his opinion, I have the honor to enclose you a -blank commission for him as consul, and another letter to the Emperor, -no otherwise different from that you signed, but as having a clause of -credence in it. If you approve of this change, you will be so good as to -sign these papers and return them; otherwise, the letter before signed -will still suffice. - -I enclose you a Massachusetts paper, whereby you will see that some acts -of force have taken place on our eastern boundary. Probably that State -will send us authentic information of them. The want of an accurate map -of the Bay of Passamaquoddy renders it difficult to form a satisfactory -opinion on the point in contest. I write to-day to Rufus Putnam to send me -his survey referred to in his letters. There is a report that some acts of -force have taken place on the northern boundary of New York, and are now -under the consideration of the government of that State. The impossibility -of bringing the court of London to an adjustment of any difference -whatever, renders our situation perplexing. Should any applications from -the States or their citizens be so urgent as to require something to be -said before your return, my opinion would be that they should be desired -to make no new settlements on our part, nor suffer any to be made on the -part of the British, within the disputed territory; and if any attempt -should be made to remove them from the settlements already made, that -they are to repel force by force, and ask aid of the neighboring militia -to do this and no more. I see no other safe way of forcing the British -government to come forward themselves and demand an amicable settlement. -If this idea meets your approbation, it may prevent a misconstruction by -the British, of what may happen, should I have this idea suggested in a -proper manner to Colonel Beckwith. - -The experiments which have been tried of distilling sea-water with -Isaacs' mixture, and also without it, have been rather in favor of the -distillation without any mixture. - -A bill was yesterday ordered to be brought into the House of -Representatives here, for granting a sum of money for building a Federal -Hall, house for the President, &c. - -You knew of Mr. R. Morris' purchase of Gorham and Phelps of 1,300,000 -acres of land of the State of Massachusetts, at 5_d._ an acre. It is said -that he has sold 1,200,000 acres of these in Europe, through the agency -of V. Franklin, who it seems went on this business conjointly with that -of printing his grandfather's works. Mr. Morris, under the name of Ogden, -and perhaps in partnership with him, has bought the residue of the lands -held in the same country by Massachusetts, for £100,000. The Indian title -of the former purchase has been extinguished by Gorham, but that of the -latter is not. Perhaps it cannot be. In that case a similarity of interest -will produce an alliance with the Yazoo companies. Perhaps a sale may be -made in Europe to purchasers ignorant of the Indian right. - -I shall be happy to hear that no accident has happened to you in the bad -roads you have passed, and that you are better prepared for those to come -by lowering the hang of your carriage, and exchanging the coachman for two -postilions, circumstances which I confess to you appeared to me essential -for your safety, for which no one on earth more sincerely prays, both -from public and private regard, than he who has the honor to be, with -sentiments of the most profound respect, Sir, your most obedient, and most -humble servant. - - -TO MR. LEWIS. - - Philadelphia, March 31, 1791. - -The recess of Congress permits me now to resume the subject of my letter -of August 12th, and to acknowledge the receipt of your favors of September -14th, November 25th, and January 1st. With respect to British debts and -property it was thought possible then that they might come forward and -discuss the interests and questions existing between the two nations, -and as we know they would assail us on the subject of the treaty, without -our previously knowing the particular State or States whose proceedings -they would make the ground of complaint, we wished to be in a state of -preparation on every point. I am therefore to thank you particularly for -having furnished us the justifications of this Commonwealth in your letter -of January 1st. With respect to the more general object of my letter, that -of making a very complete collection of all the laws in force, or which -were ever in force in the several States, we are now as to this State -possessed of those from 1776 to 1790. I must still avail myself of your -kind undertaking in your letters of September 14th and November 25th, to -continue your attention to this acquisition till we can have the whole. -Indeed, if you would order any bookseller to procure them according to -such list as you should give him, it might greatly lessen your trouble, -and he could deliver them himself at my office and receive there his pay. -Whenever you shall be so good as to notify me of the cost of those already -furnished, it shall be immediately reimbursed. I am sure you are sensible -of the necessity of possessing at the seat of the General Government, -a complete collection of all the laws of all the States, and hope you -will perceive there were no persons so likely to make the collection -judiciously as the Attorneys for the Districts, which must be the apology -for the trouble which has been given you on this subject by him who has -the honor to be, with great esteem and respect, Sir, your most obedient, -and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, April 2, 1791. - -I had the honor of addressing you on the 27th ult., since which letters -are received of January 24th, from Mr. Carmichael, and of January 3d and -15th, Madrid, and February 6th, and 12th, Lisbon, from Colonel Humphreys. -As these are interesting, and may tend to settle suspense of mind to a -certain degree, I shall trouble you with quotations from some parts and -the substance of others. - -Colonel H. says, "I learn from other good authority, as well as from -Mr. Carmichael, that all the representations of Gardoqui (when minister -in America), tended to excite a belief that the most respectable and -influential people throughout the United States did not wish to have -the navigation of the Mississippi opened for years to come, from an -apprehension such an event would weaken the government, and impoverish -the Atlantic States by emigrations. It was even pretended that none but -a handful of settlers on the Western waters, and a few inhabitants of the -Southern States would acquiesce in the measure." This is the state of mind -to which they have reverted since the crisis with England is passed, for -during that, the Count de Florida Blanca threw out general assertions that -we should have no reason to complain of their conduct with respect to the -Mississippi, which gave rise to the report its navigation was opened. The -following passages will be astonishing to you who recollect that there -was not a syllable in your letters to Mr. G. M., which looked in the -most distant manner to Spain. Mr. Carmichael says, "something, however, -might have been done in a moment of projects and apprehension, had not -a certain negotiation carried on, on our part, at London, transpired, -and which I think was known here rather from British policy, than from -the vigilance of the Marquis del Campo. Entirely unacquainted with this -manœuvre, although in correspondence with the person employed, I was -suspected to be in the secret. This suspicion banished confidence, which -returns by slow degrees. This circumstance induced me to drop entirely -my correspondence with G. M. To continue it would have done harm, and -certainly could do no good. I have seen extracts of the President's letter -communicated to the Duke of Leeds, perhaps mutilated or forged to serve -here the views of the British cabinet. I do not yet despair of obtaining -copies of those letters through the same channel that I procured the first -account of the demands of G. B. and the signature of the late convention." -Colonel Humphreys says, "the minister had intimations from del Campo of -the conferences between Mr. Morris and the Duke of Leeds, which occasioned -him to say with warmth to Mr. Carmichael, 'now is your time to make a -treaty with England.' Fitzherbert availed himself of these conferences to -create apprehensions that the Americans would aid his nation in case of -war." Your genuine letter could have made no impression. The British court -then must have forged one, to suit their purpose, and I think it will not -be amiss to send a genuine copy to Carmichael, to place our faith on its -just ground. The principal hope of doing anything now, is founded either -on an expected removal of the Count de F. B. from the ministry, in which -case persons will be employed who are more friendly to America, or to the -bursting out of that fire which both gentlemen think but superficially -covered. Mr. Carmichael justifies himself by the interception of his -letters. He has shown the originals to Colonel H. He concludes his present -letter with these words, "relying on the good opinion of me, that you have -been pleased to express on many occasions, I intreat you to engage the -President to permit me to return to my native country." Colonel Humphreys, -on the subjects of his justification and return says, (after speaking of -the persons likely to come into power,) "Mr. Carmichael being on terms -of intimacy with the characters here, is certainly capable of effecting -more at this court than any other American. He is heartily desirous of -accomplishing the object in view at all events, and fully determined -to return to America in twelve or eighteen months at farthest. He has -expressed that intention repeatedly. To be invested with full powers, -perhaps he would be able to do something before his departure from the -continent." In his letter of January 15th, he says, "Mr. Carmichael's -ideas are just: his exertions will be powerful and unremitting to -obtain the accomplishment of our desires before his departure from this -country. The task will now be difficult if not impracticable." In that -of February 6th, he says, "Mr. Carmichael is much mortified that so many -of his despatches have miscarried. By the original documents, which I -have seen in his hands, I am convinced he has been extremely assiduous -and successful in procuring early and authentic intelligence. It is -difficult for a person at a distance to form an adequate judgment of the -embarrassments to which a public man, situated as he was, is subjected, -in making written communications, from such an inland place, and under -such a jealous government. He appears disgusted with the country and the -mode of life he is compelled to lead. He desires ardently to return to -his native land; but he wishes to distinguish himself first by rendering -some essential service to it if possible." - -Governor Quesada, by order of his court, is inviting foreigners to go and -settle in Florida. This is meant for our people. Debtors take advantage -of it, and go off with their property. Our citizens have a right to go -where they please. It is the business of the States to take measures to -stop them till their debts are paid. This done, I wish a hundred thousand -of our inhabitants would accept the invitation. It will be the means -of delivering to us peaceably what may otherwise cost us a war. In the -meantime, we may complain of this seduction of our inhabitants just enough -to make them believe we think it very wise policy for them, and confirm -them in it. This is my idea of it. I have the honor to be, with sentiments -of the most perfect respect and attachment, Sir, your most obedient, and -most humble servant. - - -TO MAJOR L'ENFANT. - - Philadelphia, April 10, 1791. - -Sir,--I am favored with your letter of the 4th instant, and in compliance -with your request, I have examined my papers, and found the plans of -Frankfort-on-the-Mayne, Carlsruhe, Amsterdam, Strasburg, Paris, Orleans, -Bordeaux, Lyons, Montpelier, Marseilles, Turin, and Milan, which I send -in a roll by the post. They are on large and accurate scales, having -been procured by me while in those respective cities myself. As they are -connected with the notes I made in my travels, and often necessary to -explain them to myself, I will beg your care of them, and to return them -when no longer useful to you, leaving you absolutely free to keep them -as long as useful. I am happy that the President has left the planning -of the town in such good hands, and have no doubt it will be done to -general satisfaction. Considering that the grounds to be reserved for the -public are to be paid for by the acre, I think very liberal reservations -should be made for them; and if this be about the Tyber and on the back -of the town, it will be of no injury to the commerce of the place, which -will undoubtedly establish itself on the deep waters towards the eastern -branch and mouth of Rock Creek; the water about the mouth of the Tyber -not being of any depth. Those connected with the government will prefer -fixing themselves near the public grounds in the centre, which will also -be convenient to be resorted to as walks from the lower and upper town. -Having communicated to the President, before he went away, such general -ideas on the subject of the town as occurred to me, I make no doubt that, -in explaining himself to you on the subject, he has interwoven with his -own ideas, such of mine as he approved. For fear of repeating therefore -what he did not approve, and having more confidence in the unbiassed -state of his mind, than in my own, I avoided interfering with what he -may have expressed to you. Whenever it is proposed to prepare plans for -the Capitol, I should prefer the adoption of some one of the models of -antiquity, which have had the approbation of thousands of years; and for -the President's house, I should prefer the celebrated fronts of modern -buildings, which have already received the approbation of all good judges. -Such are the Galerie du Louire, the Gardes meubles, and two fronts of -the Hotel de Salm. But of this it is yet time enough to consider. In the -meantime I am, with great esteem, Sir, your most obedient humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, April 10, 1791. - -I had the honor of addressing you on the 2d instant, which I presume would -overtake you at Richmond. The present, I imagine, will not overtake you -till you get to Wilmington. Since my last, I have been honored with your -two letters of March 31st, and two others of April 4th, one of which was -circular. A copy of this, I sent to the Vice-President, and as Colonel -Hamilton has asked a consultation on a letter of Mr. Short's, we shall -have a meeting with the Vice-President to-morrow. I will then ask their -advice also on the communication to Colonel Beckwith, relative to the -supplies to the Indians. Finding, within a day or two after my letter -to you of March 27th, that Putnam was gone to the westward, I detained -my letter to him, and applied to General Knox, from whom I obtained some -information on the Eastern boundary. No official information of the affair -of Moose Island is received here. Perhaps it is on the road to you. Nor -do we hear anything more of the disturbance said to have arisen on the -borders of New York. I have asked the favor of my friend Mr. Madison to -think on the subject of the consular commission to Mr. Barclay, so far as -we have done so and conferred together as yet. We are both of opinion it -may be used; but we shall think and confer further. I presume your only -doubt arose on the constitutional powers to "supply vacancies" during -the recess of Congress. There was an omission also (which might strike -your mind), of the limitation of the commission "till the end of the next -session of Congress." As the Constitution limits them, this clause is -always useless; however, as it does no harm, it has been usually inserted -in the commissions. But in the case of Mr. Barclay, such a clause would -require a very awkward explanation to the Emperor of Morocco; and as -Mr. Barclay is acquainted with the constitutional determination of his -commission, it was thought better to omit the useless expression of it. -The acquisition of ground at Georgetown is really noble. Considering that -only £25 an acre is to be paid for any grounds taken for the public, -and the streets not to be counted, which will in fact reduce it to -about £19 an acre, I think very liberal reserves should be made for the -public. Your proclamation came to hand the night of the 5th. Dunlap's -and Bache's papers for the morning of the 6th being already filled, I -could only get it into Brown's evening paper of the 6th. On the 7th, the -bill for the federal buildings passed the Representatives here by 42 to -10, but it was rejected yesterday by 9 to 6 in the Senate, or to speak -more exactly, it was postponed till the next session. In the meantime, -spirited proceedings at Georgetown will probably, under the continuance -of your patronage, prevent the revival of the bill. I received last night -from Major L'Enfant a request to furnish him any plans of towns I could, -for his examination. I accordingly send him, by this post, plans of -Frankfort-on-the-Mayne, Carlsruhe, Amsterdam, Strasburg, Paris, Orleans, -Bordeaux, Lyons, Montpelier, Marseilles, Turin, and Milan, on large and -accurate scales, which I procured while in those towns respectively. -They are none of them, however, comparable to the old Babylon, revived -in Philadelphia, and exemplified. While in Europe, I selected about a -dozen or two of the handsomest fronts of private buildings, of which I -have the plates. Perhaps it might decide the taste of the new town, were -these to be engraved here, and distributed gratis among the inhabitants -of Georgetown. The expense would be trifling. - -I enclose you extracts from a letter of Mr. Short's of January 24th. -One of January 28th has since come to hand, containing nothing but a -translation of the letter, said to have been written by the Emperor to -the King of France, but which he suspects to be a forgery, a forged bull -of the Pope having lately appeared in the same way. He says very serious -differences have arisen between the Minister of Prussia, at Liege, and -the imperial commanding officer there. - -I also enclose the debates of the Pennsylvania assembly on the bill for -the federal buildings, and the bill itself; and have the honor to be, -with sentiments of the most perfect respect and attachment, Sir, your most -obedient, and most humble servant. - - -_Extract of a letter from William Short to Thomas Jefferson, Secretary of -State, dated Amsterdam, January 24, 1791._ - -"No loan is yet opened; as far as I can judge it will be found proper -to postpone it two or three weeks longer, for reasons mentioned in my -former letters, which are of general application, and in this instance -particularly for the greater certainty of a success that may enhance the -credit of the United States. - -"The Reporter of the Committee of Domaines has at length presented the -opinion of that committee respecting the Decree on the _Droit d'Aubaine_ -to the assembly. He had unfortunately connected it with the business of -the Successions, so that an adjournment was insisted on in order that the -Report might be discussed. It was referred to four different committees. -I had put the Marquis de La Fayette fully in possession of this subject, -and wrote to him again respecting it, immediately on being informed of -the turn it had taken. The Secretary, whom I left in Paris, writes me -that they are now trying to get the Diplomatic Committee to ask for a -division of this report, and to obtain a decree explanatory merely as to -the _Droit d'Aubaine_. In the present ill-humor and jealousy which prevail -with respect to colonies, it is difficult to say what they will do--but we -may be sure that M. de Montmorin will use his exertions to effect what we -desire. I apprehend delay, however, which no application can prevent, and -I always had doubts myself with respect to the success of this business, -notwithstanding the opinion of the Reporter and Committee of Domaines. I -mentioned formerly on what those doubts were founded. - -"Since the Report of the Committee of Impositions, made in the month of -December, of which you will have seen an extract in the Journals of the -Assembly, and of which I enclosed you a copy in my last, nothing more has -been said on tobacco, except by a member of the Committee of Finance. You -will have seen that the Committee of Imposition propose to abandon tobacco -as an article of revenue. The member of the Committee of Finance, on the -contrary, insisted on it; another member of the same committee, however, -insisted on his informing the assembly that what he said was his private -opinion, and not that of the Committee of Finance. Nobody, as I have -frequently repeated, can say with certainty, when the Assembly will take -up any subject, nor what they will decide on it. Their sentiments with -respect to tobacco, have experienced a manifest alteration since the first -report of the Committee of Imposition respecting it. It is probable now -that it will be made an article of free commerce, with a duty on entering -the kingdom. But should the Farm be continued, still some modification -may be expected at present in favor of their commercial connections with -the United States. I forgot to mention above, that I had received through -Mr. Donald your letter of November 25 respecting this article. - -"The Commercial Committee have formed a new tariff, which is now under -press, as they write me, to be presented to the assembly. They not only -admit American oils in their plan, but put the duties lower than under the -_Arrêt du Conseil_. It is yet for the assembly to decide on it. I have -already informed you of the stages through which this business has been -carried, and the manner in which it has been done. I hope the means will -be approved of; and the United States will have reason to be satisfied -with the result. The delay is inevitable from the nature and proceedings -of the assembly. That is the cause, also, of the uncertainty and variation -in the opinions which I have communicated to you from time to time on -these subjects. - -"The resistance of a considerable part of the clergy to a decree of the -assembly for their civil organization, and particularly for changing the -limits of the dioceses, and the violent measures adopted by the assembly -respecting this resistance, or rather non-compliance, has been matter of -uneasiness for some time. By a decree of the assembly all those of the -clergy who, by a given day, had not taken an oath to maintain the civil -organization of that body, were to be deprived of their ecclesiastical -functions, and their successors immediately appointed agreeably to the -new mode of election. That day rigorously has passed, and only two bishops -of the assembly have taken the oath. Of the curates of Paris a majority, -also, had refused; but among those subscribed were some of the principal, -and particularly the curate of St. Eustache, the King's confessor, who, -it is said, was converted by the King himself, who takes every possible -means of preventing what might occasion disorder, and who, from his -uniform conduct, merits better treatment than he sometimes receives. By a -construction of the decree some delay is obtained for its execution. In -the meantime two of the refusing bishops have entered into negotiation. -They desire to find some decent means of retracting their refusal; -hitherto they have waited for the consent of the Pope, to obtain which -they had sent an express to Rome. His answer has not yet been received, -but it is known by private letters that he is disposed to accommodate -at present, though he would not hear of it at first. I know not yet what -effect this will produce on the people in the provinces. In the capital, -their love of the Revolution so far surpasses every other passion, that -all the exertions of the _Garde Nationale_ have been necessary to prevent -their entering the churches and hanging the refusing curates. They will -manifest their dispositions less violently, perhaps, in the provinces, but -in general the spirit of the Revolution will certainly predominate, even -if the clergy succeed to convince them that it is contrary to the spirit -of religion. - -"The funds have risen to an uncommon height owing to the considerable -reimbursements made by the emission of _assignats_. These do not -depreciate as might have been expected. On the whole, if there were any -probability of the assembly's confining themselves merely to the business -of organizing the government, so as to put an end to their session and -call a new legislature, the Revolution might be considered as really in a -successful state; but the Report of the Central Committee, which you will -have received, prescribes such a superabundance of matter as necessary -to be deliberated on and settled by the present assembly, that its end -as well as the term of the completion of the constitution can be reduced -to no calculation. All that seems to me certain is, that the Revolution -will in one way or another end by giving a free government to France. This -event might be hastened much by the assembly, if they would. My former -letters will have informed you how little I think it is to be hoped from -them, and for what reasons. - -"The Russians, as has been expected for some time, have taken Ismailow. -They stormed it, and put the whole garrison to the sword on the 22d of -December. This was probably to strike terror into the Turks, in order -to aid the separate negotiation which it is known Prince Potemkin is -endeavoring to effect with the Grand Visier. The object is to engage -the Porte to accept peace without the mediation of other powers. On -the other hand, Prussia is active both in negotiation and military -demonstration to counteract this project. Preparations are making for -sending a large army into Livonia in the spring, which has induced the -Empress to call off some of the heavy troops from those employed against -the Turks. England, also, keeps an augmented navy in commission. It -seems not doubted that the design is to send a fleet into the Baltic -as soon as the season will permit it. It is said, also, that the three -mediating powers are negotiating with Denmark, to engage that country -to be at least indifferent as to the entrance of this fleet; and that -there are grounds for hopes of success. Some think, also, that there -are indications which render it probable that Spain will join in the -mediation for obtaining peace for the Turks. I have no reason to suppose -it other than that arising from the desire which Spain must naturally have -to see peace restored to that power. It is supposed if she joins in the -mediation it will be merely for that object, and not from any disposition -to favor generally the system of the mediating powers. Where so many -and such opposite principles enter into account, it would be temerity to -conjecture the particular results, without being behind the curtain; and -even there probably the schemes are not yet fully ascertained. Every day -must necessarily throw new lights on this complicated state of affairs, -in proportion as the state of negotiation is more advanced. - -"I think it probable myself, that peace will be effected one way or -another in the course of the year. The present favorable situation of the -Russian army, the dispersed and disheartened situation of the Ottoman, the -succor promised by Prussia, so long deferred, the little hope of immediate -relief from the geographical position of that power, the ardent desire -of Russia to effect a peace without mediation, and the sacrifices she is -disposed to make to effect it; all induce me to believe that it will be -brought about in that way. If, however, the Porte, from a well-founded -confidence in the active interference of the mediating powers, should -decide still to hold out, then it seems that the Empress will be induced -to come to terms rather than enter the lists with new and powerful -enemies, from whom she would have much to fear, particularly by sea. -Still I find several who think, from the character of the Empress, that -she will resist, and try the event of a campaign rather than sacrifice -so much success and so much glory in having a peace dictated to her. -Her resources at home are without end from her mode of calling them into -action, and her credit, even here, stands high; certainly much higher than -it should do. It is supposed, also, that in this extremity she would be -seconded by the Emperor, notwithstanding his pacific turn. He would be -authorized by treaty to do this, and his present situation would enable -him; the disturbances in the various parts of his dominions having been -all settled. In Brabant, particularly, his authority is more firmly -settled than if he had come to it by inheritance only, since he enjoys it -also by a kind of conquest. - -"It is the system of the English Cabinet which is considered here as the -most unaccountable. The commerce of that country is at present in the -most prosperous situation, since the balance is in their favor with every -part of Europe. They have more to gain by peace and more to apprehend -from war, than any other power, and yet they seem determined to risk it. -The advantages of their commerce in the Baltic, are certain: those in the -Levant, eventual; still they seem determined to sacrifice one, at least -for a time, in order to grasp at the other. On the whole, it is regarded -as one of those sacrifices of commerce to politics, which France has so -often given examples of. Time will show whether Mr. Pitt, or those who -condemn him, are in the right." - - -TO WILLIAM CARMICHAEL. - - Philadelphia, April 11, 1791. - -Sir,--I wrote you on the 12th of March, and again on the 17th of the -same month; since which, I have received your favor of January the -24th, wherein you refer to copies of two letters, also to a paper No. 1, -supposed to be enclosed in that letter; but there was nothing enclosed. -You speak particularly of several other letters formerly forwarded, but -not a single one was ever received of later date than May the 6th, 1789; -and this of January 24th, is all we possess from you since that date. -I enclose you a list of letters addressed to you on various subjects, -and to which answers were and are naturally expected; and send you again -copies of the papers in the case of the Dover Cutter, which has been the -subject of so many of those letters, and is the subject of the constant -solicitation of the parties here. A final decision on that application, -therefore, is earnestly desired. When you consider the repeated references -of matters to you from hence, and the total suppression of whatever you -have written in answer, you will not be surprised if it had excited a -great degree of uneasiness. We had inquired whether private conveyances -did not occur, from time to time, from Madrid to Cadiz, where we have -vessels almost constantly, and we were assured that such conveyances were -frequent. On the whole, Sir, you will be sensible, that under the jealous -government with which you reside, the conveyance of intelligence requires -as much management as the obtaining it; and I am in hopes that in future, -you will be on your guard against those infidelities in that line, under -which you and we have so much suffered. - -The President is absent on a journey through the southern States, from -which he will not return till the end of June; consequently, I could not -sooner notify him of your desire to return; but even then, I will take -the liberty of saying nothing to him on the subject till I hear further -from you. The suppression of your correspondence has, in a considerable -degree, withdrawn you from the public sight. I sincerely wish that before -your return, you could do something to attract their attention and favor, -and render your return pleasing to yourself and profitable to them, by -introducing you to new proofs of their confidence. My two last letters -to you furnish occasions; that of a co-operation against the British -navigation act and the arrangement of our affairs on the Mississippi. -The former, if it can be effected, will form a remarkable and memorable -epoch in the history and freedom of the ocean. Mr. Short will press it -at Paris, and Colonel Humphreys at Lisbon. The latter will show most at -first; and as to it, be so good as to observe always, that the right of -navigating the Mississippi is considered as so palpable, that the recovery -of it will produce no other sensation than that of a gross injustice -removed. The extent and freedom of the port for facilitating the use of -it, is what will excite the attention and gratification of the public. -Colonel Humphreys writes me, that all Mr. Gardoqui's communications, -while here, tended to impress the court of Madrid with the idea, that the -navigation of the Mississippi was only demanded on our part to quiet our -western settlers, and that it was not sincerely desired by the maritime -States. This is a most fatal error, and must be completely eradicated and -speedily, or Mr. Gardoqui will prove to have been a bad peacemaker. It is -true, there were characters whose stations entitled them to credit, and -who, from geographical prejudices, did not themselves wish the navigation -of the Mississippi to be restored to us, and who believe, perhaps, as is -common with mankind, that their opinion was the general opinion. But the -sentiments of the great mass of the Union were decidedly otherwise then, -and the very persons to whom Mr. Gardoqui alluded, have now come over to -the opinion heartily, that the navigation of the Mississippi, in full and -unrestrained freedom, is indispensably necessary, and must be obtained -by any means it may call for. It will be most unfortunate, indeed, if we -cannot convince Spain that we make this demand in earnest, but by acts -which will render that conviction too late to prevent evil. - -Not knowing how better to convey to you the laws and the gazettes, than by -committing them to the patronage of Colonel Humphreys, I now send through -that channel the laws of the second and third sessions of Congress, and -the newspapers. - -I have the honor to be, with great esteem, Sir, your most obedient, and -most humble servant. - - -TO C. CARROLL OF CARROLLTON. - - Philadelphia, April 15, 1791. - -Dear Sir,--I received last night your favor of the 10th, with Mr. Brown's -receipt, and thank you for the trouble you have been so kind as to take -in this business. - -Our news from the westward is disagreeable. Constant murders committing -by the Indians, and their combination threatens to be more and more -extensive. I hope we shall give them a thorough drubbing this summer, -and then change our tomahawk into a golden chain of friendship. The most -economical as well as most humane conduct towards them is to bribe them -into peace, and to retain them in peace by eternal bribes. The expedition -this year would have served for presents on the most liberal scale for -one hundred years; nor shall we otherwise ever get rid of an army, or of -our debt. The least rag of Indian depredation will be an excuse to raise -troops for those who love to have troops, and for those who think that a -public debt is a good thing. Adieu, my dear Sir. Yours affectionately. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, April 17, 1791. - -Sir,--I had the honor of addressing you on the 2d, which I supposed -would find you at Richmond, and again on the 10th, which I thought -would overtake you at Wilmington. The present will probably find you at -Charleston. - -According to what I mentioned in my letter of the 10th, the -Vice-President, Secretaries of the Treasury and War, and myself, met on -the 11th. Colonel Hamilton presented a letter from Mr. Short, in which -he mentioned that the month of February being one of the periodical -months in Amsterdam, when, from the receipt of interest and refunding of -capitals, there is much money coming in there, and free to be disposed -of, he had put off the opening his loan till then, that it might fill -the more rapidly, a circumstance which would excite the presumption -of our credit;--that he had every reason to hope it would be filled -before it would be possible for him, after his then communication of the -conditions, to receive your approbation of them, and orders to open a -second; which, however, should be awaited, according to his instructions; -but he pressed the expediting the order, that the stoppage of the current -in our favor might be as short as possible. We saw that if, under present -circumstances, your orders should be awaited, it would add a month to -the delay, and we were satisfied, were you present, you would approve -the conditions, and order a second loan to be opened. We unanimously, -therefore, advised an immediate order, on condition the terms of the -second loan should not be worse than those of the first. - -General Knox expressed an apprehension that the Six Nations might be -induced to join our enemies, there being some suspicious circumstances; -and he wished to send Colonel Pickering to confirm them in their -neutrality. This, he observed, would occasion an expense of about two -thousand dollars, as the Indians were never to be met empty handed. We -thought the mission advisable. As to myself, I hope we shall give the -Indians a thorough drubbing this summer, and I should think it better -afterwards to take up the plan of liberal and repeated presents to them. -This would be much the cheapest in the end, and would save all the blood -which is now spilt: in time, too, it would produce a spirit of peace and -friendship between us. The expense of a single expedition would last very -long for presents. I mentioned to the gentlemen, the idea of suggesting -through Colonel Beckwith our knowledge of the conduct of the British -officers in furnishing the Indians with arms and ammunition, and our -dissatisfaction. Colonel Hamilton said that Beckwith had been with him on -the subject, and had assured him they had given them nothing more than the -annual presents, and at the annual period. It was thought proper, however, -that he should be made sensible that this had attracted the notice of -government. I thought it the more material, lest, having been himself the -first to speak of it, he might suppose his excuses satisfactory, and that -therefore they might repeat the annual present this year. As Beckwith -lodges in the same house with Mr. Madison, I have desired the latter to -find some occasion of representing to Beckwith that, though an annual -present of arms and ammunition be an innocent thing in time of peace, it -is not so in time of war; that it is contrary to the laws of neutrality -for a neutral power to furnish military implements to either party at war, -and that if their subjects should do it on private account, such furniture -might be seized as contraband: to reason with him on the subject, as from -himself, but so as to let him see that government thought as himself did. - -You knew, I think, before you left us, that the British Parliament had a -bill before them for allowing wheat, imported in _British_ bottoms, to -be warehoused rent free. In order further to circumscribe the carrying -business of the United States, they now refuse to consider as an American -bottom any vessel not built here. By this construction, they take from -us the right of defining, by our own laws, what vessels shall be deemed -ours and naturalized here; and in the event of a war, in which we should -be neutral, they put it out of our power to benefit ourselves of our -neutrality, by increasing suddenly by purchase and naturalization our -means of carriage. If we are permitted to do this by building only, the -war will be over before we can be prepared to take advantage of it. This -has been decided by the Lords Commissioners of the Treasury, in the case -of one Green, a merchant of New York; from whom I have received a regular -complaint on the subject. I enclose you the copy of a note from Mr. -King to Colonel Hamilton, on the subject of the appointment of a British -minister to come here. I suspect it, however, to be without foundation. - -Colonel Eveleigh died yesterday. Supposing it possible you might desire to -appoint his successor as soon as you could decide on one, I enclose you a -blank commission; which, when you shall be pleased to fill it up and sign, -can be returned for the seal and counter-signature. I enclose you a letter -from Mr. Coxe to yourself, on the subject of this appointment, and so much -of one to me as related to the same, having torn off a leaf of compliment -to lighten and lessen my enclosures to you. Should distributive justice -give preference to a successor of the same state with the deceased, I take -the liberty of suggesting to you Mr. Hayward, of South Carolina, whom I -think you told me you did not know, and of whom you are now on the spot of -inquiry. I enclose you also a continuation of the Pennsylvania debates on -the bill for federal buildings. After the postponement by the Senate, it -was intended to bring on the reconsideration of that vote; but the hurry -at winding up their session prevented it. They have not chosen a federal -Senator. - -I have the honor to be, with the most profound respect and sincere -attachment, Sir, your most obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, April 24, 1791. - -Sir,--I had the honor of addressing you on the 17th. Since which I have -received yours of the 13th. I enclose you extracts from letters received -from Mr. Short. In one of the 7th of February, Mr. Short informs me that -he has received a letter from M. de Montmorin, announcing to him that the -King has named Ternant his minister here. The questions on our tobacco and -oil have taken unfavorable turns. The former will pay fifty livres the -thousand weight less, when carried in French than foreign bottoms. Oil -is to pay twelve livres a kental, which amounts to a prohibition of the -common oils, the only kind carried there. Tobacco will not feel the effect -of these measures till time will be given to bring it to rights. They had -only twenty thousand hogsheads in the kingdom in November last, and they -consume two thousand hogsheads a month, so that they must immediately -come forward and make great purchases, and not having as yet vessels of -their own to carry it, they must pay the extra duties on ours. I have been -puzzled about the delays required by Mr. Barclay's affairs. He gives me -reason to be tolerably assured, that he will go in the first vessel which -shall sail after the last day of May. There is no vessel at present whose -destination would suit. Believing that even with this, we shall get the -business done sooner than through any other channel, I have thought it -best not to change the plan. The last Leyden gazettes give us what would -have been the first object of the British arms, had the rupture with Spain -taken place. - -You know that Admiral Cornish had sailed on an unknown destination before -the Convention was received in London. Immediately on its receipt, they -sent an express after him to Madeira, in hopes of finding him there. -He was gone, and had so short a passage, that in twenty-three days he -had arrived in Barbadoes, the general rendezvous. All the troops of the -islands were collecting there, and General Matthews was on his way from -Antigua to take command of the land operations, when he met with the -packet-boat which carried the counter-orders. Trinidad was the object of -the expedition. Matthews returned to Antigua, and Cornish is arrived in -England. This island, at the mouth of the Oronoko, is admirably suited for -a lodgment from which all the country up that river, and all the northern -coast of South America, Spanish, French, Dutch and Portuguese, may be -suddenly assailed. - -Colonel Pickering is now here, and will set out in two or three days to -meet the Indians, as mentioned in my last. The intimation to Colonel -Beckwith has been given by Mr. Madison. He met it on very different -grounds from that on which he had placed it with Colonel Hamilton. He -pretended ignorance and even disbelief of the fact; when told that it was -out of doubt, he said he was positively sure the distribution of arms had -been without the knowledge and against the orders of Lord Dorchester, -and of the government. He endeavored to induce a formal communication -from me. When he found that could not be effected, he let Mr. Madison -perceive that he thought, however informal his character, he had not -been sufficiently noticed; said he was in New York before I came into -office, and that though he had not been regularly turned over to me, yet -I knew his character. In fine, he promised to write to Lord Dorchester -the general information we had received, and our sense of it; and he saw -that his former apologies to Colonel Hamilton had not been satisfactory -to the government. Nothing further from Moose Island, nor the posts on -the northern border of New York, nor anything of the last week from the -western country. - -Arthur Campbell has been here. He is the enemy of P. Henry. He says the -Yazoo bargain is like to drop with the consent of the purchasers. He -explains it thus: They expected to pay for the lands in public paper at -par, which they had bought at half a crown a pound. Since the rise in -the value of the public paper, they have gained as much on that as they -would have done by investing it in the Yazoo lands; perhaps more, as it -puts a large sum of specie at their command, which they can turn to better -account. They are, therefore, likely to acquiesce under the determination -of the government of Georgia to consider the contract as forfeited by -non-payment. - -I direct this letter to be forwarded from Charleston to Cambden. The next -will be from Petersburg to Taylor's Ferry; and after that, I shall direct -to you at Mount Vernon. - -I have the honor to be, with sentiments of the most affectionate respect -and attachment, Sir, your most obedient, and most humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, April 25, 1791. - -Dear Sir,--My late letters to you have been of the 8th, 12th, 15th, and -19th of March, yours received and acknowledged are as follows. - - * * * * * - -I consider the consular convention as securing clearly our right to -appoint consuls in the French colonies. The words "Etats du roi," -unquestionably extend to all his dominions. If they had been merely -synonymous with "la France," why was the alteration made? When I proposed -that alteration, I explained my reasons, and it cannot be supposed I would -suffer a change of language but for some matter of substance. Again, -in the translation, it is "dominions of France." This translation was -submitted to M. de Montmorin and M. de Reyneval, with a request that they -would note any deviation in it from the original, or otherwise it would -be considered as faithful. No part was objected to. M. de Reyneval says, -we must decide by the instrument itself, and not by the explanations -which took place. It is a rule, where expressions are susceptible of two -meanings, to recur to other explanations. Good faith is in favor of this -recurrence. However, in the present case, the expression does not admit -of two constructions; it is co-extensive with the dominions of the King. -I insist on this, only as a reservation of our right, and not with a -view to exercise it, if it shall be inconvenient and disagreeable to the -government of France. Only two appointments have as yet been made (Mr. -Skipwith at Martinique and Guadaloupe, and Mr. Bourne in St. Dominique), -and they shall be instructed not to ask a regular Exequatur. We certainly -wish to press nothing on our friends which shall be inconvenient. I -shall hope that M. de Montmorin will order such attentions to be shown to -those gentlemen as the patronage of commerce may call for, and may not -be inconvenient to the government. These gentlemen are most pointedly -instructed not to intermeddle, by word or deed, with political matters. - -My letter of August, 1790, to Mr. Carmichael, was delivered to him by -Colonel Humphreys. - -The report you mention of the prospect of our captives at Algiers -being liberated, has not taken its rise from any authoritative source. -Unfortunately for us, there have been so many persons, who (from friendly -or charitable motives, or to recommend themselves) have busied themselves -about this redemption, as to excite great expectations in the captors, and -render our countrymen in fact irredeemable. We have not a single operation -on foot for that purpose, but what you know of, and the more all voluntary -interpositions are discouraged the better for our unhappy friends whom -they are meant to serve. - -You know how strongly we desire to pay off our whole debt to France, -and that for this purpose we will use our credit as far as it will hold -good. You know, also, what may be the probability of our being able to -borrow the whole sum. Under these dispositions and prospects, it would -grieve us extremely to see our debt pass into the hands of speculators, -and be subjected ourselves to the chicaneries and vexations of private -avarice. We desire you, therefore, to dissuade the government, as far as -you can prudently, from listening to any overtures of that kind, and as -to the speculators themselves, whether native or foreign, to inform them, -without reserve, that our government condemns their projects, and reserves -to itself the right of paying no where but into the treasury of France, -according to their contract. - -I enclose you a copy of Mr. Grand's note to me, stating the conditions -on which Drost would come, and also a letter from the Secretary of the -Treasury, expressing his ideas as to those terms, with which I agree. -We leave to your agency the engaging and sending Mr. Drost as soon as -possible, and to your discretion to fix the terms, rendering the allowance -for expenses certain, which his first proposition leaves uncertain. -Subsistence here costs about one-third of what it does in Paris, to a -housekeeper. In a lodging house, the highest price for a room and board -is a dollar a day, for the master, and half that for the servant. These -facts may enable you to settle the article of expenses reasonably. If Mr. -Drost undertakes assaying, I should much rather confide it to him, than to -any other person who can be sent. It is the most confidential operation -in the whole business of coining. We should expect him to instruct a -native in it. I think, too, he should be obliged to continue longer than -a year, if it should be necessary for qualifying others to continue his -operations. It is not important that he be here till November or December, -but extremely desirable then. He may come as much sooner as he pleases. - -We address to M. la Motte a small box for you, containing a complete set -of the journals of the ancient Congress, the acts of the last session of -the federal legislature, and a continuation of the newspapers. I am, with -great and sincere esteem, dear Sir, your affectionate friend and humble -servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, May 1, 1791. - -Sir,--I had the honor of addressing you on the 24th ult., which I presume -you will have received at Camden. The present is ordered to go from -Petersburg to Taylor's ferry. I think it better my letters should be even -some days ahead of you, knowing that if they ever get into your rear they -will never overtake you. I write to-day, indeed, merely as the watchman -cries, to prove himself awake, and that all is well, for the last week -has scarcely furnished anything foreign or domestic, worthy your notice. -Truxton is arrived from the East Indies, and confirms the check by Tippoo -Saib, on the detachment of Colonel Floyd, which consisted of between three -and four thousand men. The latter lost most of his baggage and artillery, -and retreated under the pursuit of the enemy. The loss of men is pretended -by their own papers to have been two or three hundred only. But the loss -and character of the officers killed, makes me suspect that the situation -has been such as to force the best officers to expose themselves the -most, and consequently that more men must have fallen. The main body -with General Meadows at their head are pretended to be going on boldly. -Yet, Lord Cornwallis is going to take the field in person. This shows -that affairs are in such a situation as to give anxiety. Upon the whole, -the account received through Paris papers proves true, notwithstanding -the minister had declared to the House of Commons, in his place, that -the public accounts were without foundation, and that nothing amiss had -happened. - -Our loan in Amsterdam for two and a half million of florins filled in two -hours and a half after it was opened. - -The Vice-President leaves us to-morrow. We are told that Mr. Morris gets -£70,000 sterling for the lands he has sold. - -A Mr. Noble has been here, from the country where they are busied with the -sugar-maple tree. He thinks Mr. Cooper will bring three thousand pounds -worth to market this season, and gives the most flattering calculations of -what may be done in that way. He informs me of another most satisfactory -fact, that less profit is made by converting the juice into spirit than -into sugar. He gave me specimens of the spirit, which is exactly whiskey. - -I have arrived at Baltimore from Marseilles forty olive trees of the best -kind from Marseilles, and a box of seed, the latter to raise stocks, -and the former, cuttings to engraft on the stocks. I am ordering them -on instantly to Charleston, where, if they arrive in the course of this -month, they will be in time. Another cargo is on its way from Bordeaux, -so that I hope to secure the commencement of this culture, and from the -best species. Sugar and oil will be no mean addition to the articles of -our culture. I have the honor to be, with the greatest respect and esteem, -Sir, your most obedient, and most humble servant. - - -TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY. - - Philadelphia, May 7, 1791. - -Sir,--A certain James O'Fallon is, as we are informed, undertaking -to raise, organize and commission an army, of his own authority, and -independent of that of the government, the object of which is, to -go and possess themselves of lands which have never yet been granted -by any authority, which the government admits to be legal, and with -an avowed design to hold them by force against any power, foreign or -domestic. As this will inevitably commit our whole nation in war with -the Indian nations, and perhaps others, it cannot be permitted that all -the inhabitants of the United States shall be involved in the calamities -of war, and the blood of thousands of them be poured out, merely that a -few adventurers may possess themselves of lands; nor can a well ordered -government tolerate such an assumption of its sovereignty by unauthorized -individuals. I send you herein the Attorney General's opinion of what -may legally be done, with a desire that you proceed against the said -O'Fallon according to law. It is not the wish, to extend the prosecution -to other individuals, who may have given thoughtlessly into his unlawful -proceeding. I enclose you a proclamation to this effect. But they may be -assured, that if this undertaking be prosecuted, the whole force of the -United States will be displayed to punish the transgression. I enclose -you one of O'Fallon's commissions, signed, as is said, by himself. - -I have the honor to be, with great esteem, Sir, your most obedient humble -servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, May 8, 1791. - -Sir,--The last week does not furnish one single public event worthy -communicating to you; so that I have only to say "all is well." Paine's -answer to Burke's pamphlet begins to produce some squibs in our public -papers. In Fenno's paper they are Burkites, in the others, Painites. One -of Fenno's was evidently from the author of the discourses on Davila. I -am afraid the indiscretion of a printer has committed me with my friend, -Mr. Adams, for whom, as one of the most honest and disinterested men -alive, I have a cordial esteem, increased by long habits of concurrence in -opinion in the days of his republicanism; and even since his apostacy to -hereditary monarchy and nobility, though we differ, we differ as friends -should do. Beckley had the only copy of Paine's pamphlet, and lent it to -me, desiring when I should have read it, that I would send it to a Mr. J. -B. Smith, who had asked it for his brother to reprint it. Being an utter -stranger to J. B. Smith, both by sight and character, I wrote a note to -explain to him why I (a stranger to him) sent him a pamphlet, to wit, -that Mr. Beckley had desired it; and to take off a little of the dryness -of the note, I added that I was glad to find it was to be reprinted, -that something would, at length, be publicly said against the political -heresies which had lately sprung up among us, and that I did not doubt -our citizens would rally again round the standard of common sense. That -I had in my view the discourses on Davila, which have filled Fenno's -papers, for a twelvemonth, without contradiction, is certain, but nothing -was ever further from my thoughts than to become myself the contradictor -before the public. To my great astonishment, however, when the pamphlet -came out, the printer had prefixed my note to it, without having given -me the most distant hint of it. Mr. Adams will unquestionably take to -himself the charge of political heresy, as conscious of his own views of -drawing the present government to the form of the English constitution, -and, I fear, will consider me as meaning to injure him in the public eye. -I learn that some Anglo-men have censured it in another point of view, -as a sanction of Paine's principles tends to give offence to the British -government. Their real fear, however, is that this popular and republican -pamphlet, taking wonderfully, is likely at a single stroke, to wipe out -all the unconstitutional doctrines which their bell-weather Davila has -been preaching for a twelvemonth. I certainly never made a secret of -my being anti-monarchical, and anti-aristocratical; but I am sincerely -mortified to be thus brought forward on the public stage, where to remain, -to advance or to retire, will be equally against my love of silence and -quiet, and my abhorrence of dispute. I do not know whether you recollect -that the records of Virginia were destroyed by the British in the year -1781. Particularly the transactions of the revolution before that time. I -am collecting here all the letters I wrote to Congress while I was in the -administration there, and this being done, I shall then extend my views -to my predecessors, in order to replace the whole in the public offices -in Virginia. I think that during my administration, say between June 1, -1779, and June 1, 1781, I had the honor of writing frequent letters to -you on public affairs, which perhaps, may be among your papers at Mount -Vernon. Would it be consistent with any general resolution you have formed -as to your papers, to let my letters of the above period come here to be -copied, in order to make them a part of the records I am endeavoring to -restore for the State? or would their selection be too troublesome? if -not, I would beg the loan of them, under an assurance that they shall be -taken the utmost care of, and safely returned to their present deposit. - -The quiet and regular movement of our political affairs leaves nothing to -add but constant prayers for your health and welfare, and assurances of -the sincere respect and attachment of, Sir, your most obedient, and most -humble servant. - - -TO THE HONORABLE JEREMIAH WADSWORTH. - - Philadelphia, May 11, 1791. - -Sir,--I have duly received your favor of April 20. The exemption from the -Droit d'Aubaine in the French West Indies, has been for some time past -a subject of attention. As the National Assembly were abolishing it in -_France_ for all nations, I desired our Chargé des Affaires there to see -that the decree should be extended to all the _dominions_ of France. His -letters assure me that it will be done, so as to remove this grievance -hereafter. With respect to the past, I believe it has been judiciously -determined in France that the exemption given by our treaty did not -extend to their foreign possessions. Should Mr. Johnston, however, be -disposed to try this matter, it will be requisite for him to obtain from -Port-au-Prince an authenticated record of the proceedings in his case. It -would seem, also, that those in the case of the gentleman of Curraçoa, -might be useful. These should be transmitted to some person in Paris -to solicit the government for him. Though it is not permitted that our -Chargé des Affaires there, or anywhere, should act as the private agent -or solicitor for any individual, yet he will lend his aid and influence -wherever it may be just and useful, by official applications. I have the -honor to be, with great esteem, Sir, your most obedient, and most humble -servant. - - -TO MR. DUMAS. - - Philadelphia, May 13, 1791. - -Sir,--You will readily conceive that the union of domestic with the -foreign affairs under the department of State, brings on the head of -this department such incessant calls, not admitting delay, as oblige -him to postpone whatever will bear postponing; hence, though it is -important that I should continue to receive, from time to time, regular -information from you of whatever occurs within your notice, interesting to -the United States, yet it is not in my power to acknowledge the receipt -of your letters regularly as they come. I mention this circumstance -that you may ascribe the delay of acknowledgment to the real cause, and -that it may not produce any relaxation on your part in making all those -communications which it is important should be received, and which govern -our proceedings, though it is not in my power to note it to you specially. - -In general, our affairs are proceeding in a train of unparalleled -prosperity. This arises from the real improvements of our government, -from the unbounded confidence reposed in it by the people, their zeal to -support it, and their conviction that a solid Union is the best rock of -their safety, from the favorable seasons which for some years past have -co-operated with a fertile soil and a genial climate to increase the -productions of agriculture, and from the growth of industry, economy and -domestic manufactures; so that I believe I may say with truth, that there -is not a nation under the sun enjoying more present prosperity, nor with -more in prospect. The Indians on our frontier, indeed, still continue -to cut off straggling individuals or families falling in their way. An -expedition against them the last summer was less successful than there was -reason to expect. We lost in it about one hundred men. The operations of -the present summer will more probably bring them to peace, which is all we -desire of them, it having been a leading object of our present Government -to guaranty them in their present possessions, and to protect their -persons with the same fidelity which is extended to its own citizens. We -ask nothing of them but that they will accept our peace, friendship and -services; and we hope soon to make them sensible of this, in spite of the -incitements against us, which they have been so much the dupes of. This -is the general state of our affairs at present, as faithfully as I am able -to give it. - -I am to acknowledge the receipt of your favors of April 2, May 8, 17, -26; July 10, 14; September 7, 30; October 19, November 23, December 6 and -11. I now receive the Leyden Gazette with great regularity by the British -Packet, and thank you for your attention to this, with a request that it -may be continued. - -There is no doubt it would be desirable for us to receive our intelligence -from Europe through a channel of our own; but the expense of an -establishment of Packet-boats would be beyond the value of the object -for us, considering that our connection with Europe is less political -than commercial, and that information of the latter kind may come safely -through any channel. In fact, if we attend to the whole amount of our -civil list, we shall find that the expense of Packet-boats would make a -very sensible addition to it. The idea, therefore, though good, must be -suspended yet awhile. - -Accept my thanks on the part of the Government for the copy of Rymer -you have been so good as to send us, and which is duly received, and be -assured of the sincere esteem and attachment with which I have the honor -to be, Sir, your most obedient, and most humble servant. - - -THOMAS BARCLAY. - - Philadelphia, May 13, 1791. - -Sir,--You are appointed by the President of the United States, to go to -the court of Morocco, for the purpose of obtaining from the new Emperor, a -recognition of our treaty with his father. As it is thought best that you -should go in some definite character, that of consul has been adopted, and -you consequently receive a commission as consul for the United States, in -the dominions of the Emperor of Morocco, which, having been issued during -the recess of the Senate, will, of course, expire at the end of their next -session. It has been thought best, however, not to insert this limitation -in the commission, as being unnecessary; and it might, perhaps, embarrass. -Before the end of the next session of the Senate, it is expected the -objects of your mission will be accomplished. - -Lisbon being the most convenient port of correspondence between us and -Morocco, sufficient authority will be given to Colonel Humphreys, resident -of the United States at that place, over funds in Amsterdam, for the -objects of your mission. On him, therefore, you will draw for the sums -herein allowed, or such parts of them as shall be necessary. To that -port, too, you had better proceed in the first vessel which shall be -going there, as it is expected you will get a ready passage from thence -to Morocco. - -On your arrival at Morocco, sound your ground, and know how things stand -at present. Your former voyage there, having put you in possession of -the characters through whom this may be done, who may best be used for -approaching the Emperor and effecting your purpose, you are left to use -your own knowledge to the best advantage. - -The object being merely to obtain an acknowledgment of the treaty, we -rely that you will be able to do this, giving very moderate presents. -As the amount of these will be drawn into precedent, on future similar -repetitions of them, it becomes important. Our distance, our seclusion -from the ancient world, its politics and usages, our agricultural -occupations and habits, our poverty, and lastly, our determination to -prefer war in all cases, to tribute under any form, and to any people -whatever, will furnish you with topics for opposing and refusing high -or dishonoring pretensions; to which may be added, the advantages their -people will derive from our commerce, and their sovereign, from the duties -laid on whatever we extract from that country. - -Keep us regularly informed of your proceedings and progress, by writing -by every possible occasion, detailing to us particularly your conferences, -either private or public, and the persons with whom they are held. - -We think that Francisco Chiappe has merited well of the United States, -by his care of their peace and interests. He has sent an account of -disbursements for us, amounting to three hundred and ninety-four dollars. -Do not recognize the account, because we are unwilling, by doing that, to -give him a color for presenting larger ones hereafter, for expenses which -it is impossible for us to scrutinize or control. Let him understand, that -our laws oppose the application of public money so informally; but in your -presents, treat _him_ handsomely, so as not only to cover this demand, but -go beyond it with a liberality which may fix him deeply in our interests. -The place he holds near the Emperor, renders his friendship peculiarly -important. Let us have nothing further to do with his brothers, or any -other person. The money which would make one good friend, divided among -several, will produce no attachment. - -The emperor has intimated that he expects an ambassador from us. Let him -understand, that this may be a custom of the old world, but it is not -ours; that we never sent an ambassador to any nation. - -You are to be allowed, from the day of your departure till your return, -one hundred and sixty-six dollars and sixty-six cents and two-thirds, a -month, for your time and expenses, adding thereto your passage money and -sea stores going and coming. - -Remain in your post till the 1st of April next, and as much longer as -shall be necessary to accomplish the objects of your mission, unless you -should receive instructions from hence to the contrary. - -With your commission, you will receive a letter to the Emperor of Morocco, -a cypher, and a letter to Colonel Humphreys. - -I have the honor to be, with great esteem, Sir, your most obedient, and -most humble servant. - - _A private instruction which Mr. Barclay is to carry in his memory, - and not on paper, lest it should come into improper hands._ - -We rely that you will obtain the friendship of the new Emperor, and his -assurances that the treaty shall be faithfully observed, with as little -expense as possible. But the sum of ten thousand dollars is fixed as -the limit which all your donations together are not to exceed. - -May 13, 1791. - - -[_Letter from the President to the Emperor of Morocco, referred to in -the letter to Mr. Barclay._] - -Great and Magnanimous Friend,--Separated by an immense ocean from the more -ancient nations of the earth, and little connected with their politics -or proceedings, we are late in learning the events which take place among -them, and later in conveying to them our sentiments thereon. - -The death of the late Emperor, your father and our friend, of glorious -memory, is one of those events which, though distant, attracts our -notice and concern. Receive, great and good friend, my sincere sympathy -with you on that loss; and permit me, at the same time, to express the -satisfaction with which I learn the accession of so worthy a successor to -the imperial throne of Morocco, and to offer you the homage of my sincere -congratulations. May the days of your Majesty's life be many and glorious, -and may they ever mark the era during which a great people shall have been -most prosperous and happy, under the best and happiest of sovereigns! - -The late Emperor, very soon after the establishment of our infant nation, -manifested his royal regard and amity to us by many friendly and generous -acts, and, particularly, by the protection of our citizens in their -commerce with his subjects. And as a further instance of his desire to -promote our prosperity and intercourse with his realms, he entered into a -treaty of amity and commerce with us, for himself and his successors, to -continue fifty years. The justice and magnanimity of your Majesty, leave -us full confidence that the treaty will meet your royal patronage also; -and it will give me great satisfaction to be assured, that the citizens -of the United States of America may expect from your imperial Majesty, the -same protection and kindness, which the example of your illustrious father -has taught them to expect from those who occupy the throne of Morocco, -and to have your royal word, that they may count on a due observance of -the treaty which cements the two nations in friendship. - -This will be delivered to your Majesty, by our faithful citizen, Thomas -Barclay, whom I name consul for these United States in the dominions -of your Majesty, and who, to the integrity and knowledge qualifying him -for that office, unites the peculiar advantage of having been the agent, -through whom our treaty with the late Emperor was received. I pray your -Majesty to protect him in the exercise of his functions for the patronage -of the commerce between our two countries, and of those who carry it on. - -May that God, whom we both adore, bless your imperial Majesty with long -life, health and success, and have you always, great and magnanimous -friend, under his holy keeping. - -Written at Philadelphia, the thirty-first day of March, in the fifteenth -year of our sovereignty and independence, from your good and faithful -friend. - - -TO ----.[4] - Bennington, in Vermont, June 5, 1791. - -Dear Sir,--Mr. Madison and myself are so far on the tour we had projected. -We have visited, in the course of it, the principal scenes of General -Burgoyne's misfortunes, to wit, the grounds at Stillwater, where the -action of that name was fought, and particularly the breastworks, which -cost so much blood to both parties, the encampments at Saratoga and -ground where the British piled their arms, and the field of the battle -of Bennington, about nine miles from this place. We have also visited -Forts William, Henry and George, Ticonderoga, Crown Point, &c., which have -been scenes of blood from a very early part of our history. We were more -pleased, however, with the botanical objects which continually presented -themselves. Those either unknown or rare in Virginia, were the sugar maple -in vast abundance. The silver fir, white pine, pitch pine, spruce pine, -a shrub with decumbent stems, which they call juniper, an aralea, very -different from the nudiflora, with very large clusters of flowers, more -thickly set on the branches, of a deeper red, and high pink-fragrance. -It is the richest shrub I have seen. The honey-suckle of the gardens -growing wild on the banks of Lake George, the paper-birch, an aspen with -a velvet leaf, a shrub-willow with downy catkins, a wild gooseberry, the -wild cherry with single fruit, (not the bunch cherry,) strawberries in -abundance. From the highlands to the lakes it is a limestone country. It -is in vast quantities on the eastern sides of the lakes, but none on the -western sides. The Sandy Hill Falls and Wing's Falls, two very remarkable -cataracts of the Hudson, of about thirty-five feet or forty feet each, -between Fort Edward and Fort George, are of limestone, in horizontal -strata. Those of the Cohoes, on the west side of the Hudson, and of -seventy feet height, we thought not of limestone. We have met with a small -red squirrel, of the color of our fox-squirrel, with a black stripe on -each side, weighing about six ounces generally, and in such abundance on -Lake Champlain particularly, as that twenty odd were killed at the house -we lodged in, opposite Crown Point, the morning we arrived there, without -going ten yards from the door. We killed three crossing the lakes, one -of them just as he was getting ashore, where it was three miles wide, and -where, with the high wind then blowing, he must have made it five or six -miles. - -I think I asked the favor of you to send for Anthony in the season for -inoculation, as well as to do what is necessary in the orchard, as to -pursue the object of inoculating all the spontaneous cherry trees in the -fields with good fruit. - -We have now got over about four hundred miles of our tour, and have -still about four hundred and fifty more to go over. Arriving here on the -Saturday evening, and the laws of the State not permitting us to travel on -the Sunday, has given me time to write to you from hence. I expect to be -at Philadelphia by the 20th or 21st. I am, with great and sincere esteem, -dear Sir, yours affectionately. - - -FOOTNOTE: - - [4] [No address.] - - -TO COLONEL MONROE. - - Philadelphia, July 10, 1791. - -Dear Sir,--Your favor of June 17, has been duly received. I am endeavoring -to get for you the lodgings Langdon had. But the landlord is doubtful -whether he will let them at all. If he will not, I will endeavor to do the -best I can. I can accommodate you myself with a stable and coach-house, -without any expense, as I happen to have two on hand; and indeed, in my -new one, I have had stalls enough prepared for six horses, which are two -more than I keep. Of my success in procuring rooms, I shall bring you news -myself, though as yet the time of my visit to Albemarle is unfixed. Mr. -Madison will both go and come with me. He is at present at New York. His -journey with me to the lakes placed him in better health than I have seen -him; but the late heats have brought on some bilious dispositions. - -The papers which I send Mr. Randolph weekly, and which I presume you see, -will have shown you what a dust Paine's pamphlet has kicked up here. My -last to Mr. Randolph will have given an explanation as to myself, which -I had not time to give when I sent you the pamphlet. A writer, under the -name of Publicola, in attacking all Paine's principles, is very desirous -of involving me in the same censure with the author. I certainly merit -the same, for I profess the same principles; but it is equally certain I -never meant to have entered as a volunteer into the cause. My occupations -do not permit it. Some persons here are insinuating that I am Brutus, that -I am Agricola, that I am Philodemus, &c., &c. I am none of them, being -decided not to write a word on the subject, unless any printed imputation -should call for a printed disavowal, to which I should put my name. A -Boston paper has declared that Mr. Adams "has no more concern in the -publication of the writings of Publicola, than the author of the Rights -of Man himself." If the equivoque here were not intended, the disavowal -is not entirely credited, because not from Mr. Adams himself, and because -the style and sentiments raise so strong a presumption. Besides, to -produce any effect he must disavow Davila and the Defence of the American -Constitutions. A host of writers have risen in favor of Paine, and prove -that in this quarter, at least, the spirit of republicanism is sound. -The contrary spirit of the high officers of government is more understood -than I expected. Colonel Hamilton avowing that he never made a secret of -his principles, yet taxes the imprudence of Mr. Adams in having stirred -the question, and agrees that "his business is done." Jay, covering the -same principles under the veil of silence, is rising steadily on the -ruins of his friends. The bank filled and overflowed in the moment it -was opened. Instead of twenty thousand shares, twenty-four thousand were -offered, and a great many unpresented, who had not suspected that so -much haste was necessary. Thus it is that we shall be paying thirteen -per cent. per annum for eight millions of paper money, instead of having -that circulation of gold and silver for nothing. Experience has proved to -us that a dollar of silver disappears for every dollar of paper emitted; -and, for the paper emitted from the bank, seven per cent. profits will -be received by the subscribers for it as bank paper, (according to the -last division of profits by the Philadelphia bank,) and six per cent. -on the public paper of which it is the representative. Nor is there any -reason to believe, that either the six millions of paper, or the two -millions of specie deposited, will not be suffered to be withdrawn, and -the paper thrown into circulation. The cash deposited by strangers for -safe keeping will probably suffice for cash demands. Very few subscribers -have offered from Virginia or North Carolina, which gives uneasiness to -H. It is impossible to say where the appetite for gambling will stop. -The land office, the federal town, certain schemes of manufacture, are -all likely to be converted into aliment for that rage; but this subject -is too copious for a letter, and must be reserved for conversation. The -respite from occupation which my journey procured, has entirely removed -my headaches. Kiss and bless Mrs. Monroe and Eliza, for, dear Sir, yours -affectionately. - - -TO COLONEL HUMPHREYS. - - Philadelphia, July 13, 1791. - -Sir,--Mr. Barclay having been detained longer than was expected, you will -receive this as well as my letter of May the 13th from him. Since the date -of that, I have received your No. 15, March the 31st, No. 16, April the -8th, No 17, April the 30th, No. 18, May the 3d, and No. 20, May the 21st. - -You are not unacquainted with the situation of our captives at Algiers. -Measures were taken, and were long depending, for their redemption. During -the time of their dependence, we thought it would forward our success -to take no notice of the captives. They were maintained by the Spanish -consul, from whom applications for reimbursement, through Mr. Carmichael, -often came: no answer of any kind was ever given. A certainty now that our -measures for their redemption will not succeed, renders it unnecessary -for us to be so reserved on the subject, and to continue to wear the -appearance of neglecting them. Though the government might have agreed -to ransom at the lowest price admitted with any nation (as, for instance, -that of the French order of Merci), they will not give anything like the -price which has been lately declared to be the lowest by the captors. -It remains, then, for us to see what other means are practicable for -their recovery. In the meantime, it is our desire that the disbursements -hitherto made for their subsistence, by the Spanish consul or others, -be paid off, and that their future comfortable subsistence be provided -for. As to past disbursements, I must beg the favor of you to write to -Mr. Carmichael, that you are authorized to pay them off, pray him to let -you know their amount, and to whom payments are due. With respect to -future provision for the captives, I must put it into your hands. The -impossibility of getting letters to or from Mr. Carmichael, renders it -improper for us to use that channel. As to the footing on which they are -to be subsisted, the ration and clothing of a soldier would have been -a good measure, were it possible to apply it to articles of food and -clothing so extremely different as those used at Algiers. The allowance -heretofore made them by the Spanish consul might perhaps furnish a better -rule, as we have it from themselves, that they were then comfortably -subsisted. Should you be led to correspond with them at all, it had better -be with Captain O'Bryan, who is a sensible man, and whose conduct since -he has been there, has been particularly meritorious. It will be better -for you to avoid saying anything which may either increase or lessen their -hopes of ransom. I write to our bankers, to answer your drafts for these -purposes, and enclose you a duplicate to be forwarded with your first -draft. The prisoners are fourteen in number; their names and qualities as -follows: Richard O'Bryan and Isaac Stephens, captains; Andrew Montgomery -and Alexander Forsyth, mates; Jacob Tessanier, a French passenger; William -Patterson, Philip Sloan, Peleg Lorin, John Robertson, James Hall, James -Cathcart, George Smith, John Gregory, James Hermel, seamen. They have been -twenty-one or twenty-two. - -We are in hourly expectation of hearing the event of General Scott's -irruption into the Indian country, at the head of between seven and -eight hundred mounted infantry. Perhaps it may yet be known in time -to communicate to you by this opportunity. Our bank was filled with -subscriptions the moment it was opened. Eight millions of dollars were the -whole permitted to be subscribed, of which two millions were deposited -in cash, the residue to be public paper. Every other symptom is equally -favorable to our credit. - -The President has returned from his southern tour in good health. You will -receive herewith the newspapers up to the present date. I have the honor -to be, with great esteem, dear Sir, your most obedient, and most humble -servant. - - -TO JOHN ADAMS. - - Philadelphia, July 17, 1791. - -Dear Sir,--I have a dozen times taken up my pen to write to you, and as -often laid it down again, suspended between opposing considerations. I -determine, however, to write from a conviction that truth, between candid -minds, can never do harm. The first of Paine's pamphlets on the rights of -man, which came to hand here, belonged to Mr. Beckley. He lent it to Mr. -Madison, who lent it to me; and while I was reading it, Mr. Beckley called -on me for it, and, as I had not finished it, he desired me, as soon as I -should have done so, to send it to Mr. Jonathan B. Smith, whose brother -meant to reprint it. I finished reading it, and, as I had no acquaintance -with Mr. Jonathan B. Smith, propriety required that I should explain -to him why I, a stranger to him, sent him the pamphlet. I accordingly -wrote a note of compliment, informing him that I did it at the desire -of Mr. Beckley, and, to take off a little of the dryness of the note, -I added that I was glad it was to be reprinted here, and that something -was to be publicly said against the political heresies which had sprung -up among us, &c. I thought so little of this note, that I did not even -keep a copy of it; nor ever heard a tittle more of it, till, the week -following, I was thunderstruck with seeing it come out at the head of the -pamphlet. I hoped, however, it would not attract notice. But I found, on -my return from a journey of a month, that a writer came forward, under the -signature of Publicola, attacking not only the author and principles of -the pamphlet, but myself as its sponsor, by name. Soon after came hosts -of other writers, defending the pamphlet, and attacking you, by name, as -the writer of Publicola. Thus were our names thrown on the public stage as -public antagonists. That you and I differ in our ideas of the best form -of government, is well known to us both; but we have differed as friends -should do, respecting the purity of each other's motives, and confining -our difference of opinion to private conversation. And I can declare with -truth, in the presence of the Almighty, that nothing was further from my -intention or expectation than to have either my own or your name brought -before the public on this occasion. The friendship and confidence which -has so long existed between us, required this explanation from me, and -I know you too well to fear any misconstruction of the motives of it. -Some people here, who would wish me to be, or to be thought, guilty of -improprieties, have suggested that I was Agricola, that I was Brutus, -&c., &c. I never did in my life, either by myself or by any other, have -a sentence of mine inserted in a newspaper without putting my name to it; -and I believe I never shall. - -While the Empress is refusing peace under a mediation, unless Ocrakow and -its territory be ceded to her, she is offering peace on the perfect statu -quo to the Porte, if they will conclude it without a mediation. France has -struck a severe blow at our navigation, by a difference of duty on tobacco -carried in our and their ships, and by taking from foreign-built ships -the capability of naturalization. She has placed our whale oil on rather -a better footing than ever, by consolidating the duties into a single one -of six livres. They amounted before to some sous over that sum. I am told -(I know not how truly), that England has prohibited our spermaceti oil -altogether, and will prohibit our wheat till the price there is fifty-two -shillings the quarter, which it almost never is. We expect hourly to hear -the true event of General Scott's expedition. Reports give favorable hopes -of it. Be so good as to present my respectful compliments to Mrs. Adams, -and to accept assurances of the sentiments of sincere esteem and respect -with which I am, dear Sir, your friend and servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, July 26, 1791. - -Dear Sir,--Your favors of February the 26th, and March the 16th, have -been duly received. The conferences which you held last with the British -minister needed no apology. At the time of writing my letter desiring that -communications with them might cease, it was supposed possible that some -might take place before it would be received. They proved to be such as -not to vary the opinion formed, and, indeed, the result of the whole is -what was to have been expected from known circumstances. Yet the essay -was perhaps necessary to justify, as well as induce, the measures proper -for the protection of our commerce. The first remittance of a thousand -dollars to you, was made without the aid of any facts which could enable -the government to judge, what sum might be an indemnification for the -interference of the business referred to you, with your private pursuits. -Your letter of February the 26th furnishing grounds for correcting the -first judgment, I now enclose you a bill on our bankers in Holland for -another sum of a thousand dollars. In the original remittance, as in this -supplement to it, there has been no view but to do what is right between -the public and those who serve them. - -Though no authentic account is yet received, we learn through private -channels that General Scott has returned from a successful expedition -against the Indians; having killed about thirty warriors, taken fifty odd -women and children prisoners, and destroyed two or three villages, without -the loss of a man, except three, drowned by accident. A similar expedition -was to follow immediately after the first, while preparations are making -for measures of more permanent effect; so that we hope this summer to -bring the Indians to accept of a just and general peace on which nothing -will be asked of them but their peace. - -The crops of wheat in the United States are rather abundant, and the -quality good. Those of tobacco are not promising as yet. I have heard -nothing of the rice crops. - -I am, with very great esteem, dear Sir, your most obedient, and most -humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, July 28, 1791. - -Dear Sir,--Since my last I have received letters from you as follows: - - * * * * * - -Mine to you, unacknowledged, were of March the 8th, 12th, 15th, 19th, -April the 25th, and May the 10th. Your two last letters mention the length -of time you have been without intelligence, having then received mine of -January the 23d only. You will perceive by the above, that six letters -of a later date were on their way to you. The receipt of these, with the -newspapers, journals, laws, and other printed papers accompanying them, -will have relieved your anxiety, by answering several articles of your -former letters, and opening to you some new and important matters. I -scarcely ever miss the opportunity of a private vessel going from hence -or New York to any port of France, without writing to you and sending you -the newspapers; &c. In the winter, occasions are very rare, this port, -particularly, being blocked up with ice. The reason of so long an interval -between the last and present letter, has been the journey of a month, -which that informed you I was about to take. This is the first vessel -which has offered since my return; she is bound to Havre, and will carry -the newspapers as usual. - -The difference of sixty-two livres ten sols the hogshead, established -by the National Assembly on tobacco brought in their and our ships, is -such an act of hostility against our navigation, as was not to have been -expected from the friendship of that nation. It is as new in its nature -as extravagant in its degree; since it is unexampled, that any nation -has endeavored to wrest from another the carriage of its own produce, -except in the case of their colonies. The British navigation act, so -much and so justly complained of, leaves to all nations the carriage of -their own commodities free. This measure, too, is calculated expressly to -take our own carriage from us and give the equivalent to other nations: -for it is well known, that the shipping of France is not equal to the -carriage of their whole commerce; but the freight in other branches of -navigation being on an equal footing with only forty livres the hogshead, -in ours, and this new arrangement giving them sixty-two livres ten sols -the hogshead, in addition to their freight, that is to say, one hundred -and two livres ten sols, instead of forty livres, their vessels will leave -every other branch of business to fill up this. They will consequently -leave a void in those other branches, which will be occupied by English, -Dutch, and Swedes, on the spot. They complain of our tonnage duty; but it -is because it is not understood. In the ports of France, we pay fees for -anchorage, buoys and beacons, fees to measurers, weighers and gaugers, and -in some countries, for light-houses. We have thought it better that the -public here should pay all these, and reimburse itself by a consolidation -of them into one fee, proportioned to the tonnage of the vessel, and -therefore called by that name. They complain that the foreign tonnage is -higher than the domestic. If this complaint had come from the English, -it would not have been wonderful, because the foreign tonnage operates -really as a tax on their commerce, which, under this name, is found to -pay sixteen dollars and fifty cents for every dollar paid by France. It -was not conceived, that the latter would have complained of a measure -calculated to operate so unequally on her rival, and I still suppose she -would not complain, if the thing were well understood. The refusing to -our vessels the faculty of becoming national bottoms, on sale to their -citizens, was never before done by any nation but England. I cannot help -hoping that these were wanderings of a moment, founded in misinformation, -which reflection will have corrected before you receive this. - -Whenever jealousies are expressed as to any supposed views of ours, on -the dominion of the West Indies, you cannot go farther than the truth, -in asserting we have none. If there be one principle more deeply rooted -than any other in the mind of every American, it is, that we should -have nothing to do with conquest. As to commerce, indeed, we have strong -sensations. In casting our eyes over the earth, we see no instance of a -nation forbidden, as we are, by foreign powers, to deal with neighbors, -and obliged, with them, to carry into another hemisphere, the mutual -supplies necessary to relieve mutual wants. This is not merely a -question between the foreign power and our neighbor. We are interested -in it equally with the latter, and nothing but moderation, at least -with respect to us, can render us indifferent to its continuance. An -exchange of surplusses and wants between neighbor nations, is both a -right and a duty under the moral law, and measures against right should -be mollified in their exercise, if it be wished to lengthen them to the -greatest term possible. Circumstances sometimes require, that rights -the most unquestionable should be advanced with delicacy. It would seem -that the one now spoken of, would need only a mention, to be assented -to by any unprejudiced mind: but with respect to America, Europeans -in general, have been too long in the habit of confounding force with -right. The Marquis de La Fayette stands in such a relation between the -two countries, that I should think him perfectly capable of seeing what -is just as to both. Perhaps on some occasion of free conversation, you -might find an opportunity of impressing these truths on his mind, and that -from him, they might be let out at a proper moment as matters meriting -consideration and weight, when they shall be engaged in the work of -forming a constitution for our neighbors. In policy, if not in justice, -they should be disposed to avoid oppression, which, falling on us, as well -as on their colonies, might tempt us to act together.[5] - -The element of measure adopted by the National Assembly excludes, _ipso -facto_, every nation on earth from a communion of measure with them; for -they acknowledge themselves, that a due portion for admeasurement of a -meridian crossing the forty-fifth degree of latitude, and terminating at -both ends in the same level, can be found in no other country on earth -but theirs. It would follow then, that other nations must trust to their -admeasurement, or send persons into their country to make it themselves, -not only in the first instance, but whenever afterwards they may wish to -verify their measures. Instead of concurring, then, in a measure which, -like the pendulum, may be found in every point of the forty-fifth degree, -and through both hemispheres, and consequently in all the countries of the -earth lying under that parallel, either northern or southern, they adopt -one which can be found but in a single point of the northern parallel, -and consequently only in one country, and that country is theirs. - -I left with you a statement of the case of Schweighauser and Dobrée, -with the original vouchers on which it depends. From these you will have -known, that being authorized by Congress to settle this matter, I began -by offering to them an arbitration before honest and judicious men of a -neutral nation. They declined this, and had the modesty to propose an -arbitration before _merchants of their own town_. I gave them warning -then, that as the offer on the part of a sovereign nation to submit to a -private arbitration was an unusual condescendence, if they did not accept -it then, it would not be repeated, and that the United States would judge -the case for themselves hereafter. They continued to decline it, and the -case now stands thus. The territorial judge of France has undertaken -to call the United States to his jurisdiction, and has arrested their -property, in order to enforce appearance, and possess himself of a matter -whereon to found a decree; but no court can have jurisdiction over a -sovereign nation. This position was agreed to; but it was urged, that some -act of Mr. Barclay's had admitted the jurisdiction. It was denied that -there had been any such act by Mr. Barclay, and disavowed, if there was -one, as without authority from the United States, the property on which -the arrest was made, having been purchased by Dr. Franklin, and remaining -in his possession till taken out of it by the arrest. On this disavowal, -it was agreed that there could be no further contest, and I received -assurance that the property should be withdrawn from the possession of the -court by an evocation of the cause before the King's Council, on which, -without other proceedings, it should be delivered to the United States. -Applications were repeated as often as dignity or even decency would -permit; but it was never done. Thus the matter rests, and thus it is meant -it should rest. No answer of any kind is to be given to Schweighauser and -Dobrée. If they think proper to apply to their sovereign, I presume there -will be a communication either through you or their representative here, -and we shall have no difficulty to show the character of the treatment we -have experienced. - -I will observe for your information, that the sustenance of our captives -at Algiers is committed to Colonel Humphreys. - -You will be so kind as to remember, that your public account from the 1st -day of July, 1790, to the last of June, 1791, inclusive, is desired before -the meeting of Congress, that I may be able to lay before them the general -account of the foreign fund for that year. - -General Scott has returned from a successful expedition against the -northern Indians, having killed thirty-two warriors, taken fifty-eight -women and children prisoners, and destroyed three towns and villages, -with a great deal of corn in grain and growth. A similar expedition was -to follow immediately, while preparation is making for measures of more -permanent effect; so that we may reasonably hope the Indians will be -induced to accept of peace which is all we desire. - -Our funds have risen nearly to par. The eight millions for the bank was -subscribed as fast as it could be written, and that stock is now above -par. Our crops of wheat have been rather abundant, and of excellent -quality. Those of tobacco are not very promising as yet. The census is not -yet completed, but from what we hear, we may expect our whole numbers will -be nearer four than three millions. I inclose a sketch of the numbers as -far as we yet know them. - -I am, with great and sincere esteem, dear Sir, your sincere friend and -servant. - - -FOOTNOTE: - - [5] [This paragraph was in cypher, but an explication of it preserved - with the copy.] - - -TO MR. PAINE. - - Philadelphia, July 29, 1791. - -Dear Sir,--Your favor of Sept. 28th, 1790, did not come to my hands till -Feb. 11th, and I have not answered it sooner because it said you would -be here in the spring. That expectation being past, I now acknowledge the -receipt. Indeed I am glad you did not come away till you had written your -"Rights of Man." That has been much read here with avidity and pleasure. -A writer under the signature of Publicola has attacked it. A host of -champions entered the arena immediately in your defence. The discussion -excited the public attention, recalled it to the "Defence of the American -constitutions" and the "Discourses on Davila," which it had kindly passed -over without censure in the moment, and very general expressions of their -sense have been now drawn forth; and I thank God that they appear firm in -their republicanism, notwithstanding the contrary hopes and assertions -of a sect here, high in name but small in numbers. These had flattered -themselves that the silence of the people under the "Defence" and "Davila" -was a symptom of their conversion to the doctrine of king, lords, and -commons. They are checked at least by your pamphlet, and the people -confirmed in their good old faith. - -Your observations on the subject of a copper coinage has satisfied my mind -on that subject, which I confess had wavered before between difficulties. -As a different plan is under consideration of Congress, and will be taken -up at their meeting, I think to watch the proper moment, and publish your -observations (except the notes which contain facts relative to particular -persons, which I presume you would dislike to see published, and which are -not necessary to establish the main object), adding your name, because it -will attract attention and give weight to the publication. As this cannot -take place under four months, there is time for you to forbid me, if it -should be disagreeable to you to have the observations published, which, -however, I hope it will not be. - -General Scott has just returned from a successful expedition against the -Indians, having killed thirty-two warriors, and taken fifty-eight women -and children, and burnt several towns. I hope they will now consent to -peace, which is all we ask. Our funds are near par; the crops of wheat -remarkably fine; and a great degree of general prosperity arising from -four years successive of plentiful crops, a great diffusion of domestic -manufacture, a return to economy, and a reasonable faith in the new -government. I shall be happy to hear from you, and still more to see you, -being with great, and sincere esteem, dear Sir, your friend and servant. - - -TO THE PRESIDENT. - - Philadelphia, July 30, 1791. - -Sir,--I have the honor to inclose for your perusal, a letter which I have -prepared for Mr. Short. - -The ill humor into which the French colonies are getting, and the little -dependence on the troops sent thither, may produce a hesitation in -the National Assembly as to the conditions they will impose in their -constitution. In a moment of hesitation, small matters may influence their -decision. They may see the impolicy of insisting on particular conditions, -which, operating as grievances on us, as well as on their colonists, might -produce a concert of action. I have thought it would not be amiss to trust -to Mr. Short the sentiments in the cyphered part of the letter, leaving -him to govern himself by circumstances, whether to let them leak out at -all or not, and whether so as that it may be known or remain unknown that -they come from us. A perfect knowledge of his judgment and discretion -leaves me entirely satisfied, that they will be not used, or so used as -events shall render proper. But if you think that the possibility that -harm may be done, overweighs the chance of good, I would expunge them, -as, in cases of doubt, it is better to say too little than too much. - -I have the honor to be, with the most perfect respect and attachment, Sir, -your most obedient and most humble servant. - - -TO GENERAL KNOX. - - Philadelphia, August 10, 1791. - -Dear Sir,--I have now the honor to return you the petition of Mr. Moultrie -on behalf of the South Carolina Yazoo company. Without noticing that some -of the highest functions of sovereignty are assumed in the very papers -which he annexes as his justification, I am of opinion that government -should firmly maintain this ground; that the Indians have a right to -the occupation of their lands, independent of the States within whose -chartered lines they happen to be; that until they cede them by treaty -or other transaction equivalent to a treaty, no act of a State can give -a right to such lands; that neither under the present constitution, nor -the antient confederation, had any State or person a right to treat with -the Indians, without the consent of the General Government; that that -consent has never been given to any treaty for the cession of the lands -in question; that the government is determined to exert all its energy -for the patronage and protection of the rights of the Indians, and the -preservation of peace between the United States and them; and that if any -settlements are made on lands not ceded by them, _without the previous -consent of the United States_, the government will think itself bound, -not only to declare to the Indians that such settlements are without the -authority or protection of the United States, but to remove them also by -the public force. - -It is in compliance with your request, my dear Sir, that I submit these -ideas to you, to whom it belongs to give place to them, or such others as -your better judgment shall prefer, in answer to Mr. Moultrie. - -I have the honor to be, with sentiments of the most sincere and respectful -esteem, dear Sir, your most obedient and most humble servant. - - -TO COLONEL HARVIE. - - Philadelphia, August 14, 1791. - -Dear Sir,--Being charged with the preparation of a statement to Congress -of all their lands north of the Ohio, it becomes necessary for me to know -what quantity of lands was assigned to the Virginia Continental line -on the south side of the Ohio, say on the Cumberland, in satisfaction -of their claims of bounty lands against the Continent. If I can by any -means come at this quantity, by deducting it from the sum total of bounty -lands given to all the lines, which sum total I know, the residue will -be exactly what the army is entitled to on the north side of the Ohio. -I am in hopes your office can furnish me with this information, and am -to ask the favor of you to have it inquired into. All I wish is the _sum -total_ in lots located by the Virginia _Continental line_ south of the -Ohio. I suppose your office cannot inform me what was located for the -same line north of the Ohio, and therefore I do not ask it. The fees -of office for these researches, be so good as to inform me of, and they -shall be remitted you. As your answer cannot be here before my departure -for Virginia, I shall be glad to receive it there. If your office cannot -furnish the information, and you know where it may be obtained, I shall -consider it as a singular favor, if you will be so good as to put it for -me at once into its right channel. I am, with great esteem, dear Sir, your -sincere friend and humble servant. - - -TO MR. CARMICHAEL. - - Philadelphia, August 24, 1791. - -Sir,--Your letter of January 24, is still the only one received from you -within the period so often mentioned. Mine to you of the present year have -been of March 12 and 17, April 11, May 16, and June 23. I have lately -preferred sending my letters for you to Colonel Humphreys, in hopes he -might find means of conveying them to you. The subjects of those of the -12th and 17th of March are still pressed on you, and especially the first, -the great object of which cannot be delayed without consequences which -both nations should deprecate. - -Mr. Jaudenes arrived here some time ago, and has been received as joint -commissioner with Mr. Viar. The concurring interests of Spain and this -country certainly require the presence of able and discreet ministers. - -The crop of wheat of the present year has surpassed all expectation as -to quantity, and is of fine quality. Other articles of agriculture will -differ more by an extraordinary drought. - -I enclose you a copy of our census, which, so far as it is written -in black ink, is founded on actual returns, what is in red ink being -conjectured, but very near the truth. Making very small allowance for -omissions, which we know to have been very great, we may safely say we -are above four millions. - -Our first expedition against the Indians, under General Scott, has been -completely successful; he having killed thirty odd, taken fifty odd, and -burnt their towns. A second expedition against them has commenced, and we -expect daily the result. - -The public credit continues firm. The domestic debt funded at six per -cent., is twelve and a half per cent. above par. A spirit, however, of -gambling in our public paper has seized on too many of our citizens, and -we fear it will check our commerce, arts, manufactures, and agriculture, -unless stopped. - -Newspapers for you accompany this, addressed to the care of Colonel -Humphreys. - -I am, with great esteem, Sir, your most obedient, and most humble servant. - - -TO SIR JOHN SINCLAIR. - - Philadelphia, August 24, 1791. - -Dear Sir,--I am to acknowledge the receipt of your two favors of December -25 and May 14, with the pamphlets which accompanied them, and to return -you my thanks for them. The Corn Law, I perceive, has not passed in the -form you expected. My wishes on that subject were nearer yours than you -imagined. We both in fact desired the same thing for different reasons, -respecting the interests of our respective countries, and therefore -justifiable in both. You wished the bill so moulded as to encourage -strongly your national agriculture. The clause for warehousing foreign -corn tended to lessen the confidence of the farmer in the demand for -his corn. I wished the clause omitted, that our corn might pass directly -to the country of the consumer, and save us the loss of an intermediate -deposit, which it can illy bear. That no commercial arrangements between -Great Britain and the United States have taken place, as you wish should -be done, cannot be imputed to us. The proposition has surely been often -enough made, perhaps too often. It is a happy circumstance in human -affairs, that evils which are not cured in one way will cure themselves -in some other. - -We are now under the first impression of the news of the King's flight -from Paris, and his re-capture. It would be unfortunate were it in the -power of any one man to defeat the issue of so beautiful a revolution. -I hope and trust it is not, and that, for the good of suffering humanity -all over the earth, that revolution will be established and spread through -the whole world. - -I shall always be happy, my dear Sir, to hear of your health and -happiness, being with sentiments of the most cordial esteem and respect, -dear Sir, your most obedient humble servant. - - -TO E. RUTLEDGE, ESQ. - - Philadelphia, August 25, 1791. - -My Dear Sir,--I have received your favor of the 7th, by Mr. Harper, and -that also by Mr. Butler. I thank you for both, and shall duly respect -both. I find by the last that, not your letter on the subject of British -commerce, but mine in answer to it, has miscarried. Yours was dated June -20, 1790, was received July 2, and answered July 4. I send you a copy of -the answer, which will read now like an old almanac; but it will show you -I am incapable of neglecting anything which comes from you. The measures -therein spoken of as in contemplation, for the purpose of bringing Great -Britain to reason, vanished in a reference of the subject to me to report -on our commerce and navigation generally, to the next session of Congress. -I have little hope that the result will be anything more than to turn the -left cheek to him who has smitten the right. We have to encounter not -only the prejudices in favor of England, but those against the Eastern -States, whose ships, in the opinion of some, will overrun our land. I have -been sorry to see that your State has been over-jealous of the measures -proposed on this subject, and which really tend to relieve them from the -effects of British broils. I wish you may be able to convert Mr. Barnwell, -because you think him worth converting. Whether you do or not, your -opinion of him will make me solicitous for his acquaintance, because I -love the good, and respect freedom of opinion. What do you think of this -scrippomony? Ships are lying idle at the wharfs, buildings are stopped, -capitals withdrawn from commerce, manufactures, arts, and agriculture -to be employed in gambling, and the tide of public prosperity almost -unparalleled in any country is arrested in its course, and suppressed by -the rage of getting rich in a day. No mortal can tell where this will -stop; for the spirit of gaming, when once it has seized a subject, is -incurable. The tailor who has made thousands in one day, though he has -lost them the next, can never again be content with the slow and moderate -earnings of his needle. Nothing can exceed the public felicity, if our -papers are to be believed, because our papers are under the orders of our -scripmen. I imagine, however, we shall hear that all the cash has quitted -the extremities of the nation, and accumulated here. That produce and -property fall to half price there, and the same things rise to double -price here. That the cash accumulated and stagnated here, as soon as -the bank paper gets out, will find its vent into foreign countries, and -instead of this solid medium, which we might have kept for nothing, we -shall have a paper one, for the use of which we are to pay these gamesters -fifteen per cent. per annum, as they say. - -Would to God yourself, General Pinckney and Major Pinckney, would come -forward and aid us with your efforts. You are all known, respected, wished -for; but you refuse yourselves to everything. What is to become of us, my -dear friend, if the vine and the fig tree withdraw, and leave us to the -bramble and thorn? - -You will have heard before this reaches you, of the peril into which the -French revolution is brought by the flight of their King. Such are the -fruits of that form of government, which heaps importance on idiots, -and of which the Tories of the present day are trying to preach into -our favor. I still hope the French revolution will issue happily. I feel -that the permanence of our own, leans in some degree on that; and that -a failure there would be a powerful argument to prove there must be a -failure here. We have been told that a British minister would be sent -out to us this summer. I suspect this depends on the event of peace or -war. In the latter case, they will probably send one; but they have no -serious view of treating or fulfilling treaties. Adieu, my dear Sir. Yours -affectionately. - - -TO MESSRS. JOHNSON, STUART, AND CARROL. - - Philadelphia, August 28, 1791. - -Gentlemen,--Your joint letter of the 2d instant to the President, as -also Mr. Carrol's separate letters of the 5th and 15th, have been duly -received. Major L'Enfant also having arrived here and laid his plan of the -Federal City before the President, he was pleased to desire a conference -of certain persons, in his presence, on these several subjects. It is -the opinion of the President, in consequence thereof, that an immediate -meeting of the Commissioners at Georgetown is requisite; that certain -measures may be decided on, and put into a course of preparation for -a commencement of sale on the 17th of October, as advertised. As Mr. -Madison and myself, who were present at the conference, propose to pass -through Georgetown on our way to Virginia, the President supposes that -our attendance at the meeting of the Commissioners might be of service -to them, as we could communicate to them the sentiments developed at the -conferences here and approved by the President, under whatever point of -view they may have occasion to know them. The circumstances of time and -distance oblige me to take the liberty of proposing the day of meeting, -and to say that we will be in Georgetown on the evening of the 7th or -morning of the 8th of the next month, in time to attend any meeting of the -Commissioners on that day, and in hopes they may be able, in the course -of it, to make all the use of us they may think proper, so that we may -pursue our journey the next day. To that meeting, therefore, the answers -to the several letters before mentioned are referred. - -This letter is addressed to Mr. Carrol only, with a requisition to the -Postmaster at Georgetown to send it to him by express, under the hope that -it will, by expresses to the other gentlemen, take timely measures for -the proposed meeting on the 8th. - -I have the honor to be, with sentiments of the highest respect and esteem, -Gentlemen, your most obedient, and most humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, August 29, 1791. - -Dear Sir,--I am to acknowledge the receipt of your No. 67, June the 6th, -No. 68, June the 10th, No. 69, June the 22d, No. 70, June the 26th, No. -71, June the 29th; the three last by the British packet. My last to you -was of July the 28th, by a vessel bound to Havre. This goes to the same -port, because accompanied by newspapers. It will be the last I shall write -you these two months, as I am to set out for Virginia the next week. I -now enclose you a copy of my letter of March the 12th, to Mr. Carmichael, -which you say was not in that of the same date to you. There was no paper -to accompany it but St. Marie's, which you say you received. I enclose you -also a copy of our census, written in black ink, so far as we have actual -returns, and supplied by conjecture in red ink, where we have no returns; -but the conjectures are known to be very near the truth. Making very small -allowance for omissions, which we know to have been very great, we are -certainly above four millions, probably about four millions one hundred -thousand. - -There is a vessel now lying at Philadelphia, advertising to receive -emigrants to Louisiana, gratis, on account of the Spanish government. Be -so good as to mention this to M. de Montmorin, who will be a judge what -we must feel under so impudent a transaction. - -You observe, that if Drost does not come, you have not been authorized to -engage another coiner. If he does not come, there will probably be one -engaged here. If he comes, I should think him a safe hand to send the -diplomatic dye by, as also all the dyes of our medal, which may be used -here for striking off what shall be wanting hereafter. But I would not -have them trusted at sea, but from April to October inclusive. Should you -not send them by Drost, Havre will be the best route. I have not spoken -with the Secretary of the Treasury yet, on the subject of the presses, -but believe you may safely consider two presses as sufficient for us, and -agree for no more without a further request. - -The decree of the National Assembly, relative to tobacco carried in -French or American ships, is likely to have such an effect in our ports, -as to render it impossible to conjecture what may or may not be done. -It is impossible to let it go on without a vigorous correction. If that -should be administered on our part, it will produce irritation on both -sides, and lessen that disposition which we feel cordially to concur in -a treaty, which shall melt the two nations as to commercial matters into -one, as nearly as possible. It is extremely desirable, that the National -Assembly should themselves correct the decree, by a repeal founded on the -expectation of an arrangement. - -We have, as yet, no news of the event of our second expedition against -the Indians. - -I am, with great and sincere esteem, dear Sir, your friend and servant. - - -TO M. LA MOTTE. - - Philadelphia, August 30, 1791. - -Sir,--I am now to acknowledge the receipt of your favors of February the -9th, March the 25th, and April the 24th; as also of the several packages -of wine, carriages, &c., which came safe to hand, and for your care of -which be pleased to accept my thanks. - -I am sensible of the difficulties to which our consuls are exposed by -the applications of sailors, calling themselves Americans. Though the -difference of dialect between the Irish and Scotch, and the Americans, is -sensible to the ear of a native, it is not to that of a foreigner, however -well he understands the language; and between the American and English -(unless of particular provinces) there is no difference sensible even to a -native. Among hundreds of applications to me, at Paris, nine-tenths were -Irish, whom I readily discovered. The residue, I think, were English; -and I believe not a single instance of a Scotchman or American. The -sobriety and order of the two last, preserve them from want. You will -find it necessary, therefore, to be extremely on your guard against -these applications. The bill of expenses for Huls is much beyond those -aids which I should think myself authorized to have advanced habitually, -until the law shall make express provision for that purpose. I must, -therefore, recommend to you, to hazard only small sums in future, until -our legislature shall lay down more precise rules for my government. - -The difference of duty on tobacco carried to France in French and American -bottoms, has excited great uneasiness. We presume the National Assembly -must have been hurried into the measure, without being allowed time to -reflect on its consequences. A moment's consideration must convince -anybody, that no nation upon earth ever submitted to so enormous an -assault on the transportation of their own produce. Retaliation, to be -equal, will have the air of extreme severity and hostility. Such would be -an _additional tonnage_ of twelve livres ten sous the ton burthen, on all -_French_ ships entering our ports. Yet this would but exactly balance an -_additional duty_ of six livres five sous the hogshead of tobacco, brought -in _American ships_ entering in the ports of France. I hope, either that -the National Assembly will repeal the measure, or the proposed treaty -be so hastened, as to get this matter out of the way before it shall be -necessary for the ensuing legislature to act on it. Their measure, and -our retaliation on it, which is unavoidable, will very illy prepare the -minds of both parties for a liberal treaty. My confidence in the friendly -dispositions of the National Assembly, and in the sincerity of what -they have expressed on the subject, induce me to impute it to surprise -altogether, and to hope it will be repealed before time shall be given to -take it up here. - -I have the honor to be, with great esteem, Sir, your most obedient humble -servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, August 30, 1791. - -Dear Sir,--My letter of July the 26th covered my first of exchange for -a thousand dollars, and though that went by so sure an opportunity as to -leave little doubt of its receipt, yet, for greater security, I enclose -a second. - -The tranquillity of our country leaves us nothing to relate, which may -interest a mind surrounded by such buoyant scenes as yours. No matter; I -will still tell you the charming though homespun news, that our crops of -wheat have been abundant and of superior quality; that very great though -partial drought has destroyed the crops of hay to the north, and corn to -the south; that the late rains may recover the tobacco to a middling crop, -and that the fields of rice are promising. - -I informed you in my last, of the success of our first expedition against -the Indians. A second has gone against them, the result of which is not -yet known. Our public credit is good, but the abundance of paper has -produced a spirit of gambling in the funds, which has laid up our ships -at the wharves, as too slow instruments of profit, and has even disarmed -the hand of the tailor of his needle and thimble. They say the evil will -cure itself. I wish it may; but I have rarely seen a gamester cured, even -by the disasters of his vocation. Some new indications of the ideas with -which the British cabinet are coming into treaty, confirm your opinions, -which I know to be right, but the Anglomany of some would not permit them -to accede to. - -Adieu, my dear Sir. Your affectionate humble servant. - - -TO BENJ. BANNEKER. - - Philadelphia, August 30, 1791. - -Sir,--I thank you sincerely for your letter of the 19th instant, and for -the Almanac it contained. Nobody wishes more than I do to see such proofs -as you exhibit, that nature has given to our black brethren, talents equal -to those of the others colors of men, and that the appearance of a want of -them is owing merely to the degraded condition of their existence, both -in Africa and America. I can add with truth, that nobody wishes more -ardently to see a good system commenced for raising the condition both -of their body and mind to what it ought to be, as fast as the imbecility -of their present existence, and other circumstances which cannot be -neglected, will admit. I have taken the liberty of sending your Almanac -to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris, -and member of the Philanthropic society, because I considered it as a -document to which your color had a right for their justification against -the doubts which have been entertained of them. I am, with great esteem, -Sir, your most obedient humble servant. - - -TO JOHN ADAMS. - - Philadelphia, August 30, 1791. - -My Dear Sir,--I received some time ago your favor of July 29, and was -happy to find that you saw in its true point of view the way in which I -had been drawn into the scene, which must have been so disagreeable to -you. The importance which you still seem to allow to my note, and the -effect you suppose it to have had, though unintentional in me, induces -me to show you that it really had no effect. Paine's pamphlet, with my -note, was published here about the second week in May. Not a word ever -appeared in the public papers here on the subject for more than a month; -and I am certain not a word on the subject would ever have been said, had -not a writer, under the name of Publicola, at length undertaken to attack -Mr. Paine's principles, which were the principles of the citizens of the -United States. Instantly a host of writers attacked Publicola in support -of those principles. He had thought proper to misconstrue a figurative -expression in my note; and these writers so far noticed me as to place the -expression in its true light. But this was only an incidental skirmish -preliminary to the general engagement, and they would not have thought -me worth naming, had not he thought proper to bring me on the scene. His -antagonists, very criminally, in my opinion, presumed you to be Publicola, -and on that presumption hazarded a personal attack on you. No person saw -with more uneasiness than I did, this unjustifiable assault; and the more -so, when I saw it continued after the printer had declared you were not -the author. But you will perceive from all this, my dear Sir, that my -note contributed nothing to the production of these disagreeable pieces. -As long as Paine's pamphlet stood on its own feet and on my note, it was -unnoticed. As soon as Publicola attacked Paine, swarms appeared in his -defence. To Publicola, then, and not in the least degree to my note, this -whole contest is to be ascribed and all its consequences. - -You speak of the execrable paragraph in the Connecticut papers. This, -it is true, appeared before Publicola; but it had no more relation to -Paine's pamphlet and my note, than to the Alcoran. I am satisfied the -writer of it had never seen either; for when I passed through Connecticut -about the middle of June, not a copy had ever been seen by anybody, -either in Hartford or New Haven, nor probably in that whole State; and -that paragraph was so notoriously the reverse of the disinterestedness -of character which you are known to possess by everybody who knows your -name, that I never heard a person speak of the paragraph, but with an -indignation in your behalf which did you entire justice. This paragraph, -then, certainly did not flow from my note, any more than the publications -which Publicola produced. Indeed it was impossible that my note should -occasion your name to be brought into question; for so far from naming -you, I had not even in view any writing which I might suppose to be -yours, and the opinions I alluded to were principally those I had heard -in common conversation from a sect aiming at the subversion of the present -government to bring in their favorite form of a king, lords and commons. - -Thus I hope, my dear Sir, that you will see me to have been as ignorant -_in effect_ as I was in intention. I was brought before the public without -my own consent, and from the first moment of seeing the effect of the real -aggression in this business to keep me before the public, I determined -that nothing should induce me to put pen to paper in the controversy. -The business is now over, and I hope its effects are over, and that our -friendship will never be suffered to be committed, whatever use others -may think proper to make of our names. - -The event of the King's flight from Paris and his recapture, will have -struck you with its importance. It appears, I think, that the nation is -firm within, and it only remains to see whether there will be any movement -from without. I confess I have not changed my confidence in the favorable -issue of that revolution, because it has always rested on my own ocular -evidence of the unanimity of the nation, and wisdom of the patriotic party -in the National Assembly. The last advices render it probable that the -Emperor will recommence hostilities against the Porte. It remains to see -whether England and Prussia will take a part. Present me to Mrs. Adams -with all the affections I feel for her, and be assured of those devoted -to yourself by, my dear Sir, your sincere friend and servant. - - -TO ADMIRAL PAUL JONES. - - Philadelphia, August 31, 1791. - -Dear Sir,--I am to acknowledge the receipt of your favor of March 20th, -with the several papers it enclosed, which were duly communicated to the -President. No proof was necessary to satisfy us here of your good conduct -everywhere. In answer to your request to obtain and transmit the proper -authority of the United States for your retaining the order of St. Anne, -conferred on you by the Empress, I can only say that the Executive of our -Government are not authorized either to grant or refuse the permission -you ask, and consequently cannot take on themselves to do it. Whether the -Legislature would undertake to do it or not, I cannot say. In general, -there is an aversion to meddle with anything of that kind here. And the -event would be so doubtful that the Executive would not commit themselves -by making the proposition to the Legislature. - -Our new Constitution works well, and gives general satisfaction Public -credit is high. We have made a successful expedition against the Indians -this summer, and another is gone against them, and we hope will induce -them to peace. A census of our numbers, taken this summer, gives us reason -to believe we are about four millions of all ages and sexes. A state of -tranquil prosperity furnishing no particular and interesting events to -communicate to you, I have only to add assurances of the constant esteem -and attachment of, dear Sir, your most obedient humble servant. - - -TO MONSIEUR DE TERNANT, _Minister Plenipotentiary of France_. - - Philadelphia, September 1, 1791. - -Sir,--I have communicated to the President what passed between us the -other day, on the subject of the payments made to France by the United -States in the _assignats_ of that country, since they have lost their par -with gold and silver; and after conferences, by his instruction, with -the Secretary of the Treasury, I am authorized to assure you, that the -government of the United States have no idea of paying their debt in a -depreciated medium, and that in the final liquidation of the payments -which shall have been made, due regard will be had to an equitable -allowance for the circumstance of depreciation. - -I have the honor to be, with sentiments of the most perfect esteem and -respect, Sir, your most obedient, and most humble servant. - - -TO T. NEWTON. - - Georgetown, September 8, 1791. - -Dear Sir,--I was in the moment of my departure from Philadelphia, for -Virginia, when I received your favor, inquiring how far the law of nations -is to govern in proceedings respecting foreign consuls. - -The law of nations does not of itself extend to consuls at all. They are -not of the diplomatic class of characters, to which alone that law extends -of right. Convention, indeed, may give it to them, and sometimes has done -so; but in that case, the convention can be produced. In ours with France, -it is expressly declared that consuls shall not have the privileges of -that law, and we have no convention with any other nation. - -Congress have had before them a bill on the subject of consuls, but have -not as yet passed it. Their code then furnishes no law to govern these -cases. - -Consequently, _they are to be decided by the State laws alone_. Some of -these, I know, have given certain privileges to consuls; and I think those -of Virginia did at one time. Of the extent and continuance of those laws, -you are a better judge than I am. - -Independently of law, consuls are to be considered as distinguished -foreigners, dignified by a commission from their sovereign, and specially -recommended by him to the respect of the nation with whom they reside. -They are subject to the laws of the land, indeed, precisely as other -foreigners are, a convention, where there is one, making a part of the -laws of the land: but if at any time, their conduct should render it -necessary to assert the authority of the laws over them, the rigor of -those laws should be tempered by our respect for their sovereign, as far -as the case will admit. This moderate and respectful treatment towards -foreign consuls, it is my duty to recommend and press on our citizens, -because I ask it for their good towards our own consuls, from the people -with whom they reside. - -In what I have said, I beg leave to be understood as laying down general -principles only, and not as applying them to the facts which may have -arisen. Before such application, those facts should be heard from all -whom they interest. You, who have so heard them, will be able to make the -application yourself, and that, not only in the present, but in future -cases. - -I have the honor to be, with great esteem, your most obedient humble -servant. - - -TO MR. HAMMOND. - - October 26, 1791. - -Mr. Jefferson has the honor of presenting his compliments to Mr. Hammond, -of expressing his regrets that he happened to be from home when Mr. -Hammond did him the honor of calling on him, and was equally unlucky in -not finding him at home when he waited on him on Monday. Being informed -by Mr. Bond, that Mr. Hammond is charged with a public mission to -the government of the United States, relative to which some previous -explanations might be proper, Mr. Jefferson has the honor to assure -Mr. Hammond, he shall be ready to receive any communications and enter -into explanations, either formally or informally, as Mr. Hammond shall -choose, and at any time suitable to him. He recollects with pleasure -his acquaintance with Mr. Hammond in Paris, and shall be happy in every -opportunity of rendering him such offices and attentions as may be -acceptable to him. - - -TO J. MADISON. - - November 1, 1791. - -In my report on How's case, where I state that it should go to the -President, it will become a question with the House whether they shall -refer it to the President themselves, or give it back to the petitioner, -and let him so address it, as he ought to have done at first. I think -the latter proper, 1, because it is a case belonging purely to the -Executive; 2, the legislature should never show itself in a matter with -a foreign nation, but where the case is very serious and they mean to -commit the nation on its issue; 3, because if they indulge individuals in -handing through the legislature their applications to the Executive, all -applicants will be glad to avail themselves of the weight of so powerful -a solicitor. Similar attempts have been repeatedly made by individuals to -get the President to hand in their petitions to the legislature, which he -has constantly refused. It seems proper that every person should address -himself directly to the department to which the constitution has allotted -his case; and that the proper answer to such from any other department is, -"that it is not to us that the constitution has assigned the transaction -of this business." I suggest these things to you, that they may appear to -you to be right this kind of business may in the first instance be turned -into its proper channel. - - -TO THE PRESIDENT. - - November 6, 1791. - -Sir,--I have the honor to enclose you the draught of a letter to Governor -Pinckney, and to observe, that I suppose it to be proper that there -should, on fit occasions, be a direct correspondence between the President -of the United States and the Governors of the States; and that it will -probably be grateful to them to receive from the President, answers to -the letters they address to him. The correspondence with them on ordinary -business, may still be kept up by the Secretary of State, in his own name. - -I enclose also a letter to Major Pinckney, with a blank to be filled up, -when you shall have made up your mind on it. I have conferred with Mr. -M. on the idea of the commissioners of the federal town proceeding to -make private sales of the lots, and he thinks it advisable. I cannot but -repeat, that if the surveyors will begin on the river, laying off the lots -from Rock Creek to the Eastern Branch, and go on abreast, in that way, -from the river towards the back part of the town, they may pass the avenue -from the President's house to the capitol, before the spring; and as -soon as they shall have passed it, a public sale may take place, without -injustice to either the Georgetown or Carrolsburg interest. Will not the -present afford you a proper occasion of assuring the commissioners, that -you leave everything respecting L'Enfant to them? - -I have the honor to be, with the most sincere respect, Sir, your most -obedient humble servant. - - -TO MAJOR THOMAS PINCKNEY. - - Philadelphia, November 6, 1791. - -Sir,--The mission of a Minister Plenipotentiary to the court of London -being now to take place, the President of the United States is desirous of -availing the public of your services in that office. I have it in charge, -therefore, from him, to ask whether it will be agreeable that he should -nominate you for that purpose to the Senate. We know that higher motives -will alone influence your mind in the acceptance of this charge. Yet it -is proper, at the same time, to inform you, that as a provision for your -expenses in the exercise of it, an outfit of nine thousand dollars is -allowed, and an annual salary to the same amount, payable quarterly. On -receiving your permission, the necessary orders for these sums, together -with your credentials, shall be forwarded to you, and it would be expected -that you should proceed on the mission as soon as you can have made those -arrangements for your private affairs, which such an absence may render -indispensable. Let me only ask the favor of you to give me an immediate -answer, and by duplicate, by sea and post, that we may have the benefit of -both chances for receiving it as early as possible. Though I have not the -honor of a personal acquaintance with you, yet I beg you to be assured, -that I feel all that anxiety for your entrance on this important mission, -which a thorough conviction of your fitness for it can inspire; and that -in its relations with my office, I shall always endeavor to render it as -agreeable to you as possible. - -I have the honor to be, with sentiments of the highest respect and esteem, -Sir, your most obedient humble servant. - - -TO THE PRESIDENT. - - Philadelphia, November 7, 1791. - -Sir,--I have duly considered the letter you were pleased to refer to me, -of the 18th of August, from his Excellency Governor Pinckney to yourself, -together with the draught of one proposed to be written by him to the -Governor of Florida, claiming the re-delivery of certain fugitives from -justice, who have been received in that country. The inconveniences of -such a receptacle for debtors and malefactors in the neighborhood of the -southern States, are obvious and great, and I wish the remedy were as -certain and short as the latter seems to suppose. - -The delivery of fugitives from one country to another, as practised by -several nations, is in consequence of conventions settled between them, -defining precisely the cases wherein such deliveries shall take place. -I know that such conventions exist between France and Spain, France and -Sardinia, France and Germany, France and the United Netherlands; between -the several sovereigns constituting the Germanic body, and, I believe, -very generally between co-terminous States on the continent of Europe. -England has no such convention with any nation, and their laws have given -no power to their executive to surrender fugitives of any description; -they are, accordingly, constantly refused, and hence England has been the -asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most -atrocious offenders as well as the most innocent victims, who have been -able to get there. - -The laws of the United States, like those of England, receive every -fugitive, and no authority has been given to our executives to deliver -them up. In the case of Longchamp, a subject of France, a formal demand -was made by the minister of France, and was refused. He had, indeed, -committed an offence within the United States; but he was not demanded as -a criminal but as a subject. - -The French government has shown great anxiety to have such a convention -with the United States, as might authorize them to command their subjects -coming here; they got a clause in the consular convention signed by Dr. -Franklin and the Count de Vergennes, giving their consuls a right to take -and send back captains of vessels, mariners and _passengers_. Congress saw -the extent of the word _passengers_, and refused to ratify the convention; -a new one was therefore formed, omitting that word. In fact, however -desirable it be that the perpetrators of crimes, acknowledged to be such -by all mankind, should be delivered up to punishment, yet it is extremely -difficult to draw the line between those and acts rendered criminal -by tyrannical laws only; hence the first step always, is a convention -defining the cases where a surrender shall take place. - -If, then, the United States could not deliver up to Governor Quesada, -a fugitive from the laws of his country, we cannot claim as a right the -delivery of fugitives from us; and it is worthy consideration, whether -the demand proposed to be made in Governor Pinckney's letter, should it -be complied with by the other party, might not commit us disagreeably, -perhaps dishonorably in event; for I do not think we can take for granted, -that the legislature of the United States will establish a convention for -the mutual delivery of fugitives; and without a reasonable certainty that -they will, I think we ought not to give Governor Quesada any grounds to -expect, that in a similar case, we would re-deliver fugitives from his -government. - -I have the honor to be, with the most profound respect and attachment, -Sir, your most obedient, and most humble servant. - - -TO MESSRS. JOHNSON, STEWART AND CARROL. - - Philadelphia, November 21, 1791. - -Gentlemen,--A Mr. Blodget has a scheme in contemplation for purchasing -and _building_ a whole street in the new city, and any one of them which -you may think best. The magnitude of the proposition occasioned it to -be little attended to in the beginning. However, great as it is, it is -believed by good judges to be practicable. It may not be amiss, therefore, -to be ready for it. The street most desirable to be built up at once, -we suppose to be a broad one, (the avenue,) leading from the President's -house to the Capitol. To prepare the squares adjoining to that, on both -sides, in the first place, can do no harm; because, if Mr. Blodget's -scheme does not take effect, still it is a part of a work done, which -was to be done; if his scheme takes effect, you will be in readiness for -him, which would be desirable. The President, therefore, desires me to -suggest to you the beginning at once on that avenue, and when all the -squares on that shall be laid off, they may go on laying off the rest of -the squares between that and the river, from Georgetown to the eastern -branch, according to an idea he has suggested to you in a letter not long -since. This, however, is but a suggestion for the good of the undertaking, -on which you will decide as you think proper. I have the honor to be, -gentlemen, your most obedient, and most humble servant. - - -TO MR. ELLICOTT. - - Philadelphia, November 21, 1791. - -Dear Sir,--It is excessively desirable that an extensive sale of lots in -Washington should take place as soon as possible. It has been recommitted -to the commissioners to have all the squares adjacent to the avenue from -the President's house to the Capitol, on both sides, and from thence to -the river, through the whole breadth of the ground between Rock Creek and -Eastern Branch, first laid off; the object of the present is to ask your -_private_ opinion of the earliest time at which this portion of the work -can be completed, which I will beg the favor of you to communicate to me -by letter. In order that the sale may not be delayed by the engraving, -it is hoped that by communicating what is executed from time to time, the -engraver may nearly keep pace with you. - -I am, with great esteem, dear Sir, your most obedient servant. - - -TO WILLIAM SHORT. - - Philadelphia, November 24, 1791. - -Dear Sir,--My last to you was of August the 29th, acknowledging the -receipt of your Nos. 67, 68, 69, 70, 71, and informing you I was about -setting out to Virginia, and should not again write to you till my return. -Only one vessel has sailed from hence to Havre since my return, and my -notice of her departure was so short, that I could not avail myself of -it. Your Nos. 72, 73, 74, 75, 78, came here during my absence, and 79, -80, were received October the 28th. The Nos. 76 and 77 seem to be missing. - -You mention that Drost wishes the devices of our money to be sent to him, -that he may engrave them there. This cannot be done, because not yet -decided on. The devices will be fixed by the law which shall establish -the mint. M. de Ternant tells me he has no instructions to propose to us -the negotiation of a commercial treaty, and that he does not expect any. -I wish it were possible to draw that negotiation to this place. In your -letter of July the 24th, is the following paragraph. "It is published -in the English newspapers, that war is inevitable between the United -States and Spain, and that preparations are making for it on both sides. -M. de Montmorin asked me how the business stood at present, and seemed -somewhat surprised at my telling him, that I knew nothing later than -what I had formerly mentioned to him. I have, in more than one instance, -experienced the inconvenience of being without information. In this, it is -disagreeable, as it may have the appearance with M. de Montmorin, of my -having something to conceal from him, which not being the case, it would -be wrong that he should be allowed to take up such an idea. I observed, -that I did not suppose there was any new circumstance, as you had not -informed me of it." Your observation was certainly just. It would be -an Augean task for me to go through the London newspapers, and formally -contradict all their lies, even those relating to America. On our side, -there having been certainly no preparations for war against Spain; nor -have I heard of any on their part, but _in the London newspapers_. As to -the progress of the negotiation, I know nothing of it but from you; having -never had a letter from Mr. Carmichael on the subject. Our best newspapers -are sent you from my office with scrupulous exactness, by every vessel -sailing to Havre or any other convenient port of France. On these I rely -for giving you information of all the facts possessed by the public; and -as to those not possessed by them, I think there has not been a single -instance of my leaving you uninformed of any of them which related to -the matters under your charge. In Freneau's paper of the 21st instant, -you will see a small essay on population and emigration, which I think it -would be well if the news writers of Paris would translate and insert in -their papers. The sentiments are too just not to make impression. - -Some proceedings of the assembly of St. Domingo have lately taken place, -which it is necessary for me to state to you exactly, that you may be able -to do the same to M. de Montmorin. When the insurrection of their negroes -assumed a very threatening appearance, the Assembly sent a deputy here to -ask assistance of military stores and provisions. He addressed himself to -M. de Ternant, who (the President being then in Virginia, as I was also) -applied to the Secretaries of the Treasury and War. They furnished one -thousand stand of arms, other military stores, and placed forty thousand -dollars in the treasury, subject to the order of M. de Ternant, to be -laid out in provisions, or otherwise, as he should think best. He sent -the arms and other military stores; but the want of provisions did not -seem so instantaneous as to render it necessary, in his opinion, to send -any at that time. Before the vessel arrived in St. Domingo, the Assembly, -further urged by the appearance of danger, sent two deputies more, with -larger demands, viz., eight thousand fusils and bayonets, two thousand -mousquators, three thousand pistols, three thousand sabres, twenty-four -thousand barrels of flour, four hundred thousand livres worth of Indian -meal, rice, peas, and hay, and a large quantity of plank, &c. to repair -the buildings destroyed. They applied to M. de Ternant, and then with -his consent to me, he and I having previously had a conversation on the -subject. They proposed to me, first, that we should supply those wants -from the money we owed France; or secondly, from the bills of exchange -which they were authorized to draw on a particular fund in France; or -thirdly, that we would guarantee their bills, in which case they could -dispose of them to merchants, and buy the necessaries themselves. I -convinced them the two latter alternatives were beyond the powers of -the executive, and the first could only be done with the consent of the -minister of France. In the course of our conversation, I expressed to -them our sincere attachment to France and all its dominions, and most -especially to them who were our neighbors, and whose interests had some -common points of union with ours in matters of commerce; that we wished, -therefore, to render them every service they needed, but that we could -not do it in any way disagreeable to France; that they must be sensible, -that M. de Ternant might apprehend that jealousy would be excited by -their addressing themselves directly to foreign powers, and therefore, -that a concert with him in their applications to us, was essential. The -subject of independence, and their views towards it having been stated in -the public papers, this led our conversation to it; and I must say, they -appeared as far from these views as any persons on earth. I expressed -to them freely my opinion, that such an object was neither desirable on -their part, nor attainable; that, as to ourselves, there was one case -which would be peculiarly alarming to us, to wit, were there a danger of -their falling under any other power; that we conceived it to be strongly -our interests, that they should retain their connection with the mother -country; that we had a common interest with them, in furnishing them -the necessaries of life in exchange for sugar and coffee for our own -consumption, but that I thought we might rely on the justice of the -mother country towards them, for their obtaining this privilege; and on -the whole, let them see that nothing was to be done, but with the consent -of the minister of France. I am convinced myself that their views and -their application to us are perfectly innocent; however, M. de Ternant, -and still more, M. de La Forest, are jealous. The deputies, on the other -hand, think that M. de Ternant is not sensible enough of their wants. They -delivered me sealed letters to the President and to Congress. That to the -President contained only a picture of their distresses, and application -for relief. That to Congress, I know no otherwise than through the -public papers. The Senate read it, and sent it to the Representatives, -who read it, and have taken no other notice of it. The line of conduct I -pursue is, to persuade these gentlemen to be contented with such moderate -supplies, from time to time, as will keep them from real distress, and -to wait with patience for what would be a surplus, till M. de Ternant can -receive instructions from France, which he has reason to expect within a -few weeks; and I encourage the latter gentleman even to go beyond their -absolute wants of the moment, so far as to keep them in good humor. He -is accordingly proposing to lay out ten thousand dollars for them, for -the present. It would be ridiculous in the present case, to talk about -forms. There are situations when form must be dispensed with. A man -attacked by assassins will call for help to those nearest him, and will -not think himself bound to silence till a magistrate may come to his aid. -It would be unwise in the highest degree, that the colonists should be -disgusted with either France or us; for it might then be made to depend -on the moderation of another power, whether what appears a chimera might -not become a reality. I have thought it necessary to go thus fully into -this transaction, and particularly as to the sentiments I have expressed -to them, that you may be enabled to place our proceedings in their true -light. - -Our Indian expeditions have proved successful. As yet, however, they -have not led to peace. Mr. Hammond has lately arrived here as Minister -Plenipotentiary from the court of London, and we propose to name one -to that court in return. Congress will probably establish the ratio of -representation by a bill now before them, at one representative for every -thirty thousand inhabitants. Besides the newspapers, as usual, you will -receive herewith the census lately taken, by towns and counties as well -as by States. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO MR. HUMPHREYS. - - Philadelphia, November 29, 1791. - -Dear Sir,--My last to you was of August 23, acknowledging the receipt -of your Nos. 19, 21, and 22. Since that, I have received from 23 to 33 -inclusive. In mine, I informed you I was about setting out for Virginia, -and consequently should not write to you till my return. This opportunity, -by Captain Wicks, is the first since my return. - -The party which had gone, at the date of my last, against the Indians -north of the Ohio, were commanded by General Wilkinson, and were as -successful as the first, having killed and taken about eighty persons, -burnt some towns, and lost, I believe, not a man. As yet, however, it -has not produced peace. A very formidable insurrection of the negroes -in French St. Domingo has taken place. From thirty to fifty thousand -are said to be in arms. They have sent here for aids of military stores -and provisions, which we furnish just as far as the French minister here -approves. Mr. Hammond is arrived here as Minister Plenipotentiary from -Great Britain, and we are about sending one to that court from hence. -The census, particularly as to each part of every State, is now in the -press; if done in time for this conveyance, it shall be forwarded. The -Legislature have before them a bill for allowing one representative for -every thirty thousand persons, which has passed the Representatives, and -is now with the Senate. Some late inquiries into the state of our domestic -manufactories give a very flattering result. Their extent is great and -growing through all the States. Some manufactories on a large scale are -under contemplation. As to the article of Etrennes inquired after in one -of your letters, it was under consideration in the first instance, when -it was submitted to the President, to decide on the articles of account -which should be allowed the foreign ministers in addition to their salary; -and this article was excluded, as everything was meant to be which was -not in the particular enumeration I gave you. With respect to foreign -newspapers, I receive those of Amsterdam, France, and London so regularly, -and so early, that I will not trouble you for any of them; but I will -thank you for those of Lisbon and Madrid, and in your letters to give -me all the information you can of Spanish affairs, as I have never yet -received but one letter from Mr. Carmichael, which you I believe brought -from Madrid. You will receive with this a pamphlet by Mr. Coxe in answer -to Lord Sheffield, Freneau and Fenn's papers. I am, with great and sincere -esteem, dear Sir, your most obedient, and most humble servant. - - -TO DANIEL SMITH, ESQ. - - Philadelphia, November 29, 1791. - -Sir,--I have to acknowledge the receipt of your favors of September 1 and -October 4, together with the report of the Executive proceedings in the -South-Western government from March 1 to July 26. - -In answer to that part of yours of September 1 on the subject of a seal -for the use of that government, I think it extremely proper and necessary, -and that one should be provided at public expense. - -The opposition made by Governor Blount and yourself to all attempts by -citizens of the United States to settle within the Indian lines without -authority from the General Government, is approved, and should be -continued. - -There being a prospect that Congress, who have now the Post office bill -before them, will establish a post from Richmond to Stanton, and continue -it thence towards the South-West government a good distance, if not nearly -to it, our future correspondence will be more easy, quick, and certain. -I am, with great esteem, Sir, your most obedient, and most humble servant. - - -TO THE ATTORNEY GENERAL. - - Philadelphia, December 5, 1791. - -Dear Sir,--The enclosed memorial from the British minister, on the case -of Thomas Pagan, containing a complaint of injustice in the dispensations -of law by the courts of Massachusetts, to a British subject, the President -approves of my referring it to you, to report thereon your opinion of the -proceedings, and whether anything, and what, can or ought to be done by -the government in consequence thereof. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -_The Memorial of the British Minister._ - -The undersigned, his Britannic Majesty's Minister Plenipotentiary to the -United States of America, has the honor of laying before the Secretary -of State, the following brief abstract of the case of Thomas Pagan, a -subject of his Britannic Majesty, now confined in the prison of Boston, -under an execution issued against him out of the Supreme judicial court of -Massachusetts Bay. To this abstract, the undersigned has taken the liberty -of annexing some observations, which naturally arise out of the statement -of the transaction, and which may perhaps tend to throw some small degree -of light on the general merits of the case. - -In the late war, Thomas Pagan was agent for, and part owner of a privateer -called the Industry, which, on the 25th of March, 1783, off Cape Ann, -captured a brigantine called the Thomas, belonging to Mr. Stephen Hooper, -of Newport. The brigantine and cargo were libelled in the court of -vice-admiralty in Nova Scotia, and that court ordered the prize to be -restored. An appeal was, however, moved for by the captors, and regularly -prosecuted in England before the Lords of Appeals for prize causes, who, -in February, 1790, reversed the decree of the vice-admiralty court of Nova -Scotia, and condemned the brigantine and cargo as good and lawful prize. - -In December, 1788, a judgment was obtained by Stephen Hooper in the court -of common pleas for the county of Essex, in Massachusetts, against Thomas -Pagan, for three thousand five hundred pounds lawful money, for money had -and received to the plaintiff's use. An appeal was brought thereon in May, -1789, to the Supreme judicial court of the commonwealth of Massachusetts, -held at Ipswich, for the county of Essex, and on the 16th of June, 1789, -a verdict was found for Mr. Hooper, and damages were assessed at three -thousand and nine pounds two shillings and ten pence, which sum is "for -the vessel called the brigantine Thomas, her cargo and every article -found on board." After this verdict, and before entering the judgment, -Mr. Pagan moved for a new trial, suggesting that the verdict was against -law; because the merits of the case originated in a question, whether a -certain brigantine called the Thomas, with her cargo, taken on the high -seas by a private ship of war called the Industry, was prize or no prize, -and that the court had no authority to give judgment in a cause where the -point of a resulting or implied promise arose upon a question of this -sort. The supreme judicial court refused this motion for a new trial, -because it appeared to the court, that in order to a legal decision it is -not necessary to inquire whether this prize and her cargo were prize or no -prize, and because the case did not, in their opinion, involve a question -relative to any matter or thing necessarily consequent upon the capture -thereof: it was therefore considered by the court, that Hooper should -receive of Pagan three thousand and nine pounds two shillings and ten -pence lawful money, damages: and taxed costs, sixteen pounds two shillings -and ten pence. From this judgment, Pagan claimed an appeal to the supreme -judicial court of the United States of America, for these reasons: that -the judgment was given in an action brought by Hooper, who is, and at -the time of commencing the action was, a citizen of the commonwealth of -Massachusetts, one of the United States, against Pagan, who, at the time -when the action was commenced, was, and ever since has been, a subject -of the King of Great Britain, residing in and inhabiting his province of -New Brunswick. This claim of an appeal was not allowed, because it was -considered by the court, that this court was the supreme judicial court -of the commonwealth of Massachusetts, from whose judgment there is no -appeal; and further, because there does not exist any such court within -the United States of America as that to which Pagan has claimed an appeal -from the judgment of this court. Thereupon, execution issued against Pagan -on the 9th of October, 1789, and he has been confined in Boston prison -ever since. - -It is to be observed, that in August, 1789, Mr. Pagan petitioned the -supreme judicial court of Massachusetts for a new trial, and after hearing -the arguments of counsel, a new trial was refused. On the 1st of January, -1791, his Britannic Majesty's consul at Boston applied for redress on -behalf of Mr. Pagan, to the Governor of Massachusetts Bay, who, in his -letter of the 28th of January, 1791, was pleased to recommend this matter -to the serious attention of the Senate and House of Representatives of -that State. On the 14th of February, 1791, the British consul memorialized -the Senate and House of Representatives on this subject. On the 22d of -February, a committee of both Houses reported a resolution, that the -memorial of the consul and message from the Governor, with all the papers, -be referred to the consideration of the justices of the supreme judicial -court, who were directed, as far as may be, to examine into and consider -the circumstances of the case, and if they found that by the force and -effect allowed by the law of nations to foreign admiralty jurisdictions, -&c., Hooper ought not to have recovered judgment against Pagan, the -court was authorized to grant a review of the action. On the 13th of -June, 1791, the British consul again represented to the Senate and House -of Representatives, that the justices of the supreme judicial court had -not been pleased to signify their decision on this subject, referred -to them by the resolution of the 22d of February. This representation -was considered by a committee of the Senate and of the House of -Representatives, who concluded that one of them should make inquiry of -some of the judges to know their determination, and upon being informed -that the judges intended to give their opinion, with their reasons, _in -writing_, the committee would not proceed any further in the business. -On the 27th of June, 1791, Mr. Pagan's counsel moved the justices of the -supreme judicial court for their opinion in the case of Hooper and Pagan, -referred to their consideration by the resolve of the General Court, -founded on the British consul's memorial. Chief Justice and Justice Dana -being absent, Justice Paine delivered it as the unanimous opinion of the -judges absent as well as present, that Pagan was not entitled to a new -trial for any of the causes mentioned in the said resolve, and added, -"that the court intended to put their opinions upon paper, and to file -them in the cause: that the sickness of two of the court had hitherto -prevented it, but that it would soon be done." - -It is somewhat remarkable, that the supreme judicial court of -Massachusetts Bay, should allege that this case did not necessarily -involve a question relative to prize or no prize, when the very jury to -whom the court referred the decision of the case established the fact; -their verdict was for three thousand and nine pounds two shillings and ten -pence, damages, which sum is for the vessel called the brigantine Thomas, -her cargo, and everything found on board. Hence it is evident, that the -case _did_ involve a question of prize or no prize, and having received -a formal decision by the only court competent to take cognizance thereof, -(viz. the high court of appeals for prize causes in England,) everything -that at all related to the property in question, or to the legality of the -capture, was thereby finally determined. The legality of the capture being -confirmed by the high court of appeals in England, cannot consistently -with the principles of the law of nations be discussed in a foreign -court of law, or at least, if a foreign court of common law is, by any -local regulations, deemed competent to interfere in matters relating to -captures, the decisions of admiralty courts or courts of appeal, should be -received and taken as conclusive evidence of the legality or illegality of -captures. By such decisions, property is either adjudged to the captors -or restored to the owners; if adjudged to the captors, they obtain a -permanent property in the captured goods acquired by the rights of war, -and this principle originates in the wisdom of nations, and is calculated -to prevent endless litigation. - -The proceedings of the supreme judicial court of Massachusetts Bay, are -in direct violation of the rules and usages that have been universally -practised among nations in the determination of the validity of captures, -and of all collateral questions that may have reference thereto. The -General Court of Massachusetts Bay, among other things, kept this point -in view, when they referred the case of Mr. Pagan to the consideration of -the justices of the supreme judicial court, and authorized the court to -grant a review of the action, if it should be found that by the force and -effect allowed by the law of nations to foreign admiralty jurisdictions, -Mr. Hooper ought not to have recovered judgment against Mr. Pagan. But the -supreme judicial court have not only evaded this material consideration, -upon which the whole question incontestibly turns, but have assumed a fact -in direct contradiction to the truth of the case, viz. that the case did -not involve a question of prize or no prize. Moreover, they have denied -Mr. Pagan the benefit of appeal to that court which is competent to decide -on the force of treaties, and which court, by the constitution of the -United States, is declared to possess _appellate_ jurisdiction both as to -law and fact, in all cases of controversy between citizens of the United -States and subjects of foreign countries, to which class this case is -peculiarly and strictly to be referred. - -From the foregoing abstract of the case of Thomas Pagan, it appears that -he is now detained in prison, in Boston, in consequence of a judgment -given by a court which is not competent to decide upon his case, or which, -if competent, refused to admit the only evidence that ought to have given -jurisdiction, and that he is denied the means of appealing to the highest -court of judicature known in these States, which exists in the very -organization of the constitution of the United States, and is declared to -possess appellate jurisdiction in all cases of a nature similar to this. - -For these reasons, the undersigned begs leave respectfully to submit -the whole matter to the consideration of the Secretary of State, and to -request him to take such measures as may appear to him the best adapted -for the purpose of obtaining for the said Thomas Pagan, such speedy and -effectual redress as his case may seem to require. - - George Hammond. - -Philadelphia, November 26, 1791. - - -TO MR. MCALISTER. - - Philadelphia, December 22, 1791. - -Sir,--I am favored with yours of the 1st of November, and recollect with -pleasure our acquaintance in Virginia. With respect to the schools of -Europe, my mind is perfectly made up, and on full enquiry. The best in the -world is Edinburgh. Latterly, too, the spirit of republicanism has become -that of the students in general, and of the younger professors; so on that -account also it is eligible for an American. On the continent of Europe, -no place is comparable to Geneva. The sciences are there more modernized -than anywhere else. There, too, the spirit of republicanism is strong with -the body of the inhabitants: but that of aristocracy is strong also with -a particular class; so that it is of some consequence to attend to the -class of society in which a youth is made to move. It is a cheap place. -Of all these particulars Mr. Kinloch and Mr. Huger, of South Carolina, can -give you the best account, as they were educated there, and the latter is -lately from thence. I have the honor to be, with great esteem, Sir, your -most obedient humble servant. - - -TO MR. STUART. - - Philadelphia, December 23, 1791. - -Dear Sir,--I received duly your favor of October 22, and should have -answered it by the gentleman who delivered it, but that he left town -before I knew of it. - -That it is really important to provide a constitution for our State cannot -be doubted: as little can it be doubted that the ordinance called by that -name has important defects. But before we attempt it, we should endeavor -to be as certain as is practicable that in the attempt we should not make -bad worse. I have understood that Mr. Henry has always been opposed to -this undertaking; and I confess that I consider his talents and influence -such as that, were it decided that we should call a convention for the -purpose of amending, I should fear he might induce that convention either -to fix the thing as at present, or change it for the worse. Would it not -therefore be well that means should be adopted for coming at his ideas of -the changes he would agree to, and for communicating to him those which -we should propose? Perhaps he might find ours not so distant from his, -but that some mutual sacrifices might bring them together. - -I shall hazard my own ideas to you as hastily as my business obliges me. -I wish to preserve the line drawn by the federal constitution between the -general and particular governments as it stands at present, and to take -every prudent means of preventing either from stepping over it. Though -the experiment has not yet had a long enough course to show us from which -quarter encroachments are most to be feared, yet it is easy to foresee, -from the nature of things, that the encroachments of the State governments -will tend to an excess of liberty which will correct itself, (as in -the late instance,) while those of the general government will tend to -monarchy, which will fortify itself from day to day, instead of working -its own cure, as all experience shows. I would rather be exposed to the -inconveniences attending too much liberty, than those attending too small -a degree of it. Then it is important to strengthen the State governments; -and as this cannot be done by any change in the federal constitution, (for -the preservation of that is all we need contend for,) it must be done by -the States themselves, erecting such barriers at the constitutional line -as cannot be surmounted either by themselves or by the general government. -The only barrier in their power is a wise government. A weak one will -lose ground in every contest. To obtain a wise and an able government, -I consider the following changes as important. Render the legislature a -desirable station by lessening the number of representatives (say to 100) -and lengthening somewhat their term, and proportion them equally among -the electors. Adopt also a better mode of appointing senators. Render -the Executive a more desirable post to men of abilities by making it -more independent of the legislature. To wit, let him be chosen by other -electors, for a longer time, and ineligible forever after. Responsibility -is a tremendous engine in a free government. Let him feel the whole -weight of it then, by taking away the shelter of his executive council. -Experience both ways has already established the superiority of this -measure. Render the judiciary respectable by every possible means, to wit, -firm tenure in office, competent salaries, and reduction of their numbers. -Men of high learning and abilities are few in every country; and by taking -in those who are not so, the able part of the body have their hands tied -by the unable. This branch of the government will have the weight of the -conflict on their hands, because they will be the last appeal of reason. -These are my general ideas of amendments; but, preserving the ends, I -should be flexible and conciliatory as to the means. You ask whether Mr. -Madison and myself could attend on a convention which should be called? -Mr. Madison's engagements as a member of Congress will probably be from -October to March or April in every year. Mine are constant while I hold -my office, and my attendance would be very unimportant. Were it otherwise, -my office should not stand in the way of it. I am, with great and sincere -esteem, dear Sir, your friend and servant. - - -TO THE PRESIDENT. - - Philadelphia, December 23, 1791. - -Sir,--As the conditions of our commerce with the French and British -dominions are important, and a moment seems to be approaching when it -may be useful that both should be accurately understood, I have thrown -a representation of them into the form of a table, showing at one view -how the principal articles interesting to our agriculture and navigation, -stand in the European and American dominions of these two powers. As to so -much of it as respects France, I have cited under every article the law on -which it depends; which laws, from 1784 downwards, are in my possession. - -Port charges are so different, according to the size of the vessel and the -dexterity of the captain, that an examination of a greater number of port -bills might, perhaps, produce a different result. I can only say, that -that expressed in the table is fairly drawn from such bills as I could -readily get access to, and that I have no reason to suppose it varies much -from the truth, nor on which side the variation would lie. Still, I cannot -make myself responsible for this article. The authorities cited will vouch -the rest. - -I have the honor to be, with the most perfect respect and attachment, Sir, -your most obedient, and most humble servant. - -_Footing of the Commerce of the United States with France and England, -and with the French and English American Colonies._ - - -------------+------------------------------+-------------------------- - | France. |Great Britain and Ireland. - -------------+------------------------------+-------------------------- - Wheat | (_a_) | Prohibited till it is - flour, &c. | Free. | 6s. 4d. the bushel. - -------------+------------------------------+-------------------------- - | (_a_) | 7s. 4d. sterling - Rice. | Free. | the kental. - -------------+------------------------------+-------------------------- - | (_b_) | - Salted fish. | 8 livres the kental. | Prohibited. - -------------+------------------------------+-------------------------- - | (_c_) | - Salted beef. | 5 livres the kental. | Prohibited. - -------------+------------------------------+-------------------------- - | (_d_) | - Salted pork. | 5 livres the kental | - | in some ports. | 44s. 9d. the kental. - | Prohibited in others. | - -------------+------------------------------+-------------------------- - | (_a_) | - Furs. | Free. | 15 to 20 per cent. - -------------+------------------------------+-------------------------- - | (_c_) | - Indigo. | 5 livres the kental. | Free. - -------------+------------------------------+-------------------------- - | (_a_) | - Whale oil. | 7 livres and 10 sous | - | the barrel of 520 lbs. | £18 3s. the ton. - -------------+------------------------------+------------------- - | (_a_) | - | 2½ per cent. | - Tar, pitch, | 5 sous the kental, | 11d. 11s. 2s. 3d. B. - turpentine. | by new tariff. | - -------------+------------------------------+-------------------------- - | (_a_) | Prohibited - Ships. | Free for naturalization. | naturalization. - -------------+------------------------------+-------------------------- - | | average. - | | London, 76} - (_b_) | cents. average. | Liverpool, 61} - Port charges.| Bordeaux, 23 the ton} 18 | Bristol, 1.43} 1.09 dols. - | Havre, 14 the ton} | Hull, 1.57} - -------------+------------------------------+-------------------------- - (_f_) | | (_k_) - Exports to. | 1,384,246 D. | 6,888,970 D. - -------------+------------------------------+-------------------------- - (_f_) | | - Imports from.| 155,136 D. | 13,965,464 D. - -------------+------------------------------+-------------------------- - (_f_) | | - Freighted | | - in _their_ | 9,842 tons. | 119,194 tons. - vessels. | | - -------------+------------------------------+-------------------------- - (_f_) | | - Freighted | | - in _our_ | 19,173 tons. | 39,171 tons. - vessels. | | - =============+==============================+========================== - | French America. | English America. - -------------+------------------------------+-------------------------- - | (_g_) | - Wheat, | Prohibited by a general law. | Free, by proclamation. - flour, &c. | Free, by suspensions from | - | time to time. | - -------------+------------------------------+-------------------------- - | (_c_) | - Rice. | 1 per cent. | Free, by proclamation. - -------------+------------------------------+-------------------------- - | (_h_) | - Salted fish. | 1 per cent. x3 livres kental.| Prohibited. - -------------+------------------------------+-------------------------- - | (_e_) | - Salted beef. | 1 per cent. x3 livres kental.| Prohibited. - -------------+------------------------------+-------------------------- - | | Jamaica, .76 } - | | Antigua, .22 } - Port charges.| Cape Franc, .96} | Barbados, .42 } average. - | Port au Prince, .40} average.| St. Kitts, .43 } .44 - | Martinique, .18} .55 | Dominique, .21 } - -------------+------------------------------+-------------------------- - Exports to. | 3,284,656 D. | 2,357,583 D. - -------------+------------------------------+-------------------------- - Imports from.| 1,913,212 D. | 1,319,964 D. - -------------+------------------------------+-------------------------- - Freighted | | - in _their_ | 3,959 tons. | 107,759 tons. - vessels. | | - -------------+------------------------------+-------------------------- - Freighted | 97,236 tons. | Prohibited. - in _our_ | | - vessels. | | - -------------+------------------------------+-------------------------- - -_The following articles being on an equal footing in both countries, are -thrown together._ - - -------------+------------------------------+-------------------------- - | France. |Great Britain and Ireland. - -------------+------------------------------+-------------------------- - Tobacco. | Free of duty, | 1s. 3d. the lb. - | but under monopoly. | - -------------+------------------------------+-------------------------- - | (_a_) | - Wood. | Free. | Free. - -------------+------------------------------+-------------------------- - | (_a_) | - Pot and | Free. | Free. - pearl ash. | | - -------------+------------------------------+-------------------------- - | (_a_) | - Flax seed. | Free. | Free. - =============+==============================+========================== - | French America. | English America. - -------------+------------------------------+-------------------------- - | (_c_) | - Corn, Indian.| 1 per cent. | Free, by proclamation. - -------------+------------------------------+-------------------------- - | (_c_) | - Wood. | 1 per cent. | Free, by proclamation. - -------------+------------------------------+-------------------------- - | (_c_) | - Salted Pork. | Prohibited. | Prohibited. - -------------+------------------------------+-------------------------- - | (_c_) | - Horses | Free. | Free, by proclamation. - and mules. | | - -------------+------------------------------+-------------------------- - | (_c_) | - Live | 1 per cent. | Free, by proclamation. - provisions. | | - +------------+------------------------------+-------------------------- - | (_c_) | - Tar, pitch, | 1 per cent. | Free, by proclamation. - turpentine. | | - +------------+------------------------------+-------------------------- - Imports |Rum, molasses generally, | Rum, molasses, sugar, - allowed. | sugar, and all other | coffee, cocoa nuts, - | commodities till August 1, | ginger,pimento, by - | 1794. | proclamation. - -------------+------------------------------+-------------------------- - -NOTES. - -(_a_) By _Arret_ of December the 29th, 1787. - -(_b_) By _Arret_ of 1763. - -(_c_) By _Arret_ of August the 30th, 1784. - -(_d_) By _Arret_ of 1788. - -(_e_) By _Arret_ of 1760. - -(_f_) Taken from the Custom House returns of the United States. - -(_g_) There is a general law of France prohibiting foreign flour in -their islands, with a suspending power to their Governors, in cases of -necessity. An _Arret_ of May the 9th, 1789, by their Governor, makes it -free till August, 1794; and in fact it is generally free there. - -(_h_) The _Arret_ of September the 18th, 1785, gave a premium of ten -livres the kental, on fish brought in their own bottoms, for five years, -so that the law expired September the 18th, 1790. Another _Arret_, passed -a week after, laid a duty of five livres the kental, on fish brought in -foreign vessels, to raise money for the premium before mentioned. The -last _Arret_ was not limited in time; yet seems to be understood as only -commensurate with the other. Accordingly, an _Arret_ of May the 9th, 1789, -has made fish in foreign bottoms liable to three livres the kental only -till August the 1st, 1794. - -(_i_) The port charges are estimated from bills collected from the -merchants of Philadelphia. They are different in different ports of the -same country, and different in the same ports on vessels of different -sizes. Where I had several bills of the same port, I averaged them -together. The dollar is rated at 4s. 4½d. sterling in England, at 6s. -8d. in the British West Indies, and five livres twelve sous in France, -and at eight livres five sous in the French West Indies. - -Several articles stated to be _free_ in France, do in fact pay one-eighth -of a per cent., which was retained merely to oblige an entry to be made in -their Custom House books. In like manner, several of the articles stated -to be _free_ in England, do, in fact, pay a light duty. The English duties -are taken from the book of rates. - - Dollars. - - (_k_) The exports to Great Britain and Ireland, are 6,888,978 50 - - How much they consume, I know not. They certainly re-export the - following: - - Dollars. - - Grain, the whole since the law of the last parliament 1,093,885 - Tobacco, five-sixths, according to Sheffield's tables 2,295,411 - Rice, five-sevenths, according to same 552,750 - Indigo, one-third, according to same 315,887 - Furs, probably one-half 17,950 - Ginseng, the whole 32,424 - Mahogany,} not being of our productions should also be 16,724 - Wine, } deducted 4,425 - ---- 4,329,456 00 - ------------ - Remainder, including their consumption and the unknown 2,559,522 50 - re-exportations - The exportations certainly known then, are five-eighths of the whole. - - -TO THE PRESIDENT. - - Philadelphia, January 4, 1792. - -Sir,--Having been in conversation to-day with Monsieur Payan, one of the -St. Domingo deputies, I took occasion to inquire of him the footing on -which our commerce there stands at present, and particularly whether the -colonial _Arret_ of 1789, permitting a free importation of our flour till -1793, was still in force. He answered, that that _Arret_ was revoked in -France on the clamors of the merchants there; and with a like permission -to carry flour to the three usual ports, and he thinks to bring away -coffee and sugar, was immediately renewed by the Governor. Whether -this has been regularly kept up by renewed _Arrets_, during the present -troubles, he cannot say, but is sure that in practice it has never been -discontinued, and that not by contraband, but openly and legally, as is -understood. The public application to us to send flour there, is a proof -of it. Instead, therefore, of resting this permission on a colonial -_Arret_ till 1793, it should be rested on temporary _Arrets_ renewed -from time to time, as heretofore. This correction of the notes I took the -liberty of laying before you, with the table containing a comparative view -of our commerce with France and England, I thought it my duty to make. - -I have the honor to be, with the most perfect respect and attachment, Sir, -your most obedient, and most humble servant. - - -TO MR. SHORT. - _Philadelphia_, January 5, 1792. - -Dear Sir,--My last to you was of November 24th, since which I have -received yours, Nos. 76, 77, and 81 to 87 inclusive. Your letter of -October 6th, with your account to June, 1791, is not yet arrived, nor -the box mentioned in your number 84. The memorial of the crew of the -_Indian_ shall be sent to the Governor of South Carolina. In a former -letter I informed you that two balanciers would suffice for us, which will -have served as an answer to that part of your late letters on the same -subject. With respect to the Assayer, it will be better to defer taking -any measures till the bill establishing a mint, which is now before the -legislature, shall have passed. - -We have been in expectation for some time that some overture would have -been made to us from the Court of France, on the subject of the treaty of -commerce recommended by the National Assembly to be entered into between -the two nations. The executive of ours are perfectly disposed to meet -such overtures, and to concur in giving them effect on the most liberal -principles. This sentiment you may freely express to the Minister for -Foreign Affairs. - -We receive with deep regret daily information of the progress of -insurrection and devastation in St. Domingo. Nothing indicates as yet that -the evil is at its height, and the materials, as yet untouched, but open -to conflagration, are immense. The newspapers heretofore sent you, and -those now sent, will have informed you of a very bloody action we have had -with the Northern Indians, in which our army was defeated. This imposes -the necessity of stronger preparations than were before thought requisite. - -Some communications from the Court of Madrid having been lately, for the -first time, made to us, these shall be the subject of a separate letter. - -You mention some failures in the receipt of the journals of Congress -and other public papers. I trust always to Mr. Remson to make them up -from time to time, and I can answer for his punctuality. I send you his -statement of those which have been sent, so that the failure has probably -arisen from the inexactitude of those to whom they have been confided. -At present we watch for vessels bound to Havre whereby to send them. You -will receive some by the _de Jeune Eole_, which sails from hence to that -port next week. I am not certain whether this letter will go by the same -conveyance, or by the English packet. I am, with the highest esteem and -attachment, your affectionate humble servant. - - -TO THOMAS PINCKNEY. - - Philadelphia, January 17, 1792. - -Sir,--Your favors of November the 29th, 30th, and December the 1st, came -duly to hand, and gave sincere pleasure, by announcing your disposition to -accept the appointment to London. The nominations to Paris and the Hague -having been detained till yours could be made, they were all immediately -sent in to the Senate, to wit, yourself for London, Mr. G. Morris for -Paris, Mr. Short for the Hague. Some members of the Senate, apprehending -they had a right of determining on the _expediency_ of foreign missions, -as well as on the _persons_ named, took that occasion of bringing forward -the discussion of that question, by which the nominations were delayed two -or three weeks. I am happy to be able to assure you, that not a single -personal motive with respect to yourself entered into the objections to -these appointments. On the contrary, I believe that your nomination gave -general satisfaction. Your commission will be immediately made out, but -as the opportunities of conveyance at this season are precarious, and you -propose coming to this place, I think it better to retain it. - -As to the delay proposed in your letter, it was to be expected: indeed, -a winter passage from Charleston to this place, or across the Atlantic, -is so disagreeable, that if either that circumstance or the arrangement -of your affairs should render it in the smallest degree eligible to you, -to remain at home till the temperate season comes on, stay till after the -vernal equinox; there will be no inconvenience to the public attending -it. On the contrary, as we are just opening certain negotiations with -the British minister here, which have not yet assumed any determinate -complexion, a delay till that time will enable us to form some judgment -of the issue they make take, and to know exactly in what way your -co-operation at the place of your destination, may aid us. On this and -other accounts, it will be highly useful that you take this place in -your way, where, or at New York, you will always be sure of finding a -convenient passage to England. - -I have the honor to be, with the most perfect esteem and respect, Sir, -your most obedient, and most humble servant. - - -TO WILLIAM SHORT. - - Philadelphia, January 23, 1792. - -Dear Sir,--I have the pleasure to inform you, that the President of the -United States has appointed you minister resident for the United States -at the Hague, which was approved by the Senate on the 16th instant. -This new mark of the President's confidence will be the more pleasing -to you, as it imports an approbation of your former conduct, whereon be -pleased to accept my congratulations. You will receive herewith, a letter -from myself to Monsieur de Montmorin, closing your former mission, your -new commission, letters of credence from the President for the States -General and Stadtholder, sealed, and copies of them open for your own -satisfaction. You will keep the cypher we have heretofore used. - -Your past experience in the same line, renders it unnecessary for me -to particularize your duties on closing your present, or conducting -your future mission. Harmony with our friends being our object, you are -sensible how much it will be promoted by attention to the manner as well -as the matter of your communications with the government of the United -Netherlands. I feel myself particularly bound to recommend, as the most -important of your charges, the patronage of our commerce and the extension -of its privileges, both in the United Netherlands and their colonies, but -most especially the latter. - -The allowance to a minister resident of the United States, is four -thousand five hundred dollars a year, _for all his personal services and -other expenses_, a year's salary for his outfit, and a quarter's salary -for his return. It is understood that the _personal services and other -expenses_ here meant, do not extend to the cost of gazettes and pamphlet's -transmitted to the Secretary of State's office, to translating or printing -necessary papers, postage, couriers, and necessary aids to poor American -sailors. These additional charges, therefore, may be inserted in your -accounts; but no other of any description, unless where they are expressly -directed to be incurred. The salary of your new grade being the same as -of your former one, and your services continued, though the scene of -them is changed, there will be no intermission of salary; the new one -beginning where the former ends, and ending when you shall receive notice -of your permission to return. For the same reason there can be but one -allowance of outfit and return, the former to take place now, the latter -only on your final return. The funds appropriated to the support of the -foreign establishment, do not admit the allowance of a secretary to a -minister resident. I have thought it best to state these things to you -minutely, that you may be relieved from all doubt as to the matter of -your accounts. I will beg leave to add a most earnest request, that on -the 1st day of July next, and on the same day annually afterwards, you -make out your account to that day, and send it by the first vessel, and by -duplicates. In this I must be very urgent and particular; because at the -meeting of the ensuing Congress always, it is expected that I prepare for -them a statement of the disbursements from this fund, from July to June -inclusive. I shall give orders by the first opportunity, to our bankers -in Amsterdam, to answer your drafts for the allowances herein before -mentioned, recruiting them at the same time by an adequate remitment; as -I expect that by the time you receive this, they will not have remaining -on hand of this fund, more than seven or eight thousand dollars. - -You shall receive from me, from time to time, the laws and journals of -Congress, gazettes and other interesting papers: for whatever information -is in possession of the public, I shall leave you generally to the -gazettes, and only undertake to communicate by letter, such, relative to -the business of your mission, as the gazetteers cannot give. From you I -shall ask, once or twice a month regularly, a communication of interesting -occurrences in Holland, of the general affairs of Europe, and the regular -transmission of the Leyden gazette by every British packet, in the way -it now comes, which proves to be very regular. Send also such other -publications as may be important enough to be read by one who can spare -little time to read anything, or which may contain matter proper to be -turned to, on interesting subjects and occasions. The English packet is -the most certain channel for such epistolatory communications as are not -very secret, and by those packets I would wish always to receive a letter -from you, by way of corrective to the farrago of news they generally -bring. Intermediate letters, secret communications, gazettes, and other -printed papers, had better come by private vessels from Amsterdam; which -channel I shall use generally for my letters, and always for gazettes and -other printed papers. - -The President has also joined you in a special and temporary commission -with Mr. Carmichael to repair to Madrid, and there negotiate certain -matters respecting the navigation of the Mississippi, and other points -of common interest between Spain and us. As some time will be necessary -to make out the instructions and transcripts necessary in this business, -they can only be forwarded by some future occasion; but they shall be -soon forwarded, as we wish not to lose a moment in advancing negotiations -so essential to our peace. For this reason, I must urge you to repair -to the Hague at the earliest day the settlement of your affairs at Paris -will admit, that your reception may be over, and the idea of your being -established there strengthened, before you receive the new orders. - -I have the honor to be, with sincere respect and esteem, dear Sir, your -most obedient and most humble servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, January 23, 1792. - -Dear Sir,--I have the pleasure to inform you, that the President of the -United States has appointed you Minister Plenipotentiary for the United -States, at the court of France, which was approved by the Senate on the -12th instant; on which be pleased to accept my congratulations. You will -receive herewith your commission, a letter of credence for the King, -sealed, and a copy of it open for your own satisfaction, as also a cypher, -to be used on proper occasions in the correspondence between us. - -To you, it would be more than unnecessary for me to undertake a general -delineation of the functions of the office to which you are appointed. I -shall therefore only express our desire, that they be constantly exercised -in that spirit of sincere friendship and attachment which we bear to the -French nation; and that in all transactions with the minister, his good -dispositions be conciliated by whatever in language or attentions may tend -to that effect. With respect to their government, we are under no call to -express opinions which might please or offend any party, and therefore it -will be best to avoid them on all occasions, public or private. Could any -circumstances require unavoidably such expressions, they would naturally -be in conformity with the sentiments of the great mass of our countrymen, -who, having first, in modern times, taken the ground of government -founded on the will of the people, cannot but be delighted on seeing so -distinguished and so esteemed a nation arrive on the same ground, and -plant their standard by our side. - -I feel myself particularly bound to recommend, as the most important of -your charges, the patronage of our commerce, and the extension of its -privileges, both in France and her colonies, but most especially the -latter. Our consuls in France are under general instructions to correspond -with the minister of the United States at Paris; from them you may often -receive interesting information. Joseph Fenwick is consul at Bordeaux, -and Burwell Carnes at Nantz; Monsieur de la Motte vice consul at Havre, -and Monsieur Cathalan at Marseilles. - -An act of Congress, of July the 1st, 1790, has limited the allowance of -a Minister Plenipotentiary to nine thousand dollars a year _for all his -personal services and other expenses_, a year's salary for his outfit, and -a quarter's salary for his return. It is understood that _the personal -services and other expenses_ here meant, do not extend to the cost of -gazettes and pamphlets transmitted to the Secretary of State's office, to -translating or printing necessary papers, postage, couriers, and necessary -aids to poor American sailors. These additional charges, therefore, may -be inserted in your accounts; but no other of any description, unless -where they are expressly directed to be incurred. By an ancient rule of -Congress, your salary will commence from the day you receive this letter, -if you be then at Paris, or from the day you set out for Paris from any -other place at which it may find you; it ceases on receiving notice or -permission to return, after which the additional quarter's allowance -takes place. You are free to name your own private secretary, who will -receive from the public a salary of thirteen hundred and fifty dollars -a year, without allowance for any _extras_. I have thought it best to -state these things to you minutely, that you may be relieved from all -doubt as to the matter of your accounts. I will beg leave to add a most -earnest request, that on the 1st day of July next, and on the same day -annually afterwards, you make out your account to that day, and send it -by the first vessel, and by duplicates. In this I must be very urgent -and particular, because at the meeting of the ensuing Congress always, -it is expected that I prepare for them a statement of the disbursements -from this fund, from July to June inclusive. I shall give orders by the -first opportunity to our bankers in Amsterdam, to answer your drafts for -the allowances herein before mentioned, recruiting them at the same time -by an adequate remitment, as I expect that by the time you receive this, -they will not have remaining on hand of this fund more than seven or eight -thousand dollars. - -You shall receive from me, from time to time, the laws and journals of -Congress, gazettes and other interesting papers; for whatever information -is in possession of the public, I shall leave you generally to the -gazettes, and only undertake to communicate by letter, such, relative to -the business of your mission, as the gazettes cannot give. - -From you I shall ask, once or twice a month regularly, a communication of -interesting occurrences in France, of the general affairs of Europe, and -transmission of the Leyden gazette, the _journal logographe_, and the best -paper of Paris for their colonial affairs, with such other publications -as may be important enough to be read by one who can spare little time -to read anything, or which may contain matter proper to be turned to, on -interesting subjects and occasions. The English packet is the most certain -channel for such epistolary communications as are not very secret, and -by those packets I would wish always to receive a letter from you by way -of corrective to the farrago of news they generally bring. Intermediate -letters, secret communications, gazettes and other printed papers, had -better come through the channel of Monsieur de La Motte at Havre, to whom -I shall also generally address my letters to you, and always the gazettes -and other printed papers. - -Mr. Short will receive by the same conveyance, his appointment as minister -resident at the Hague. - -I have the honor to be, with great esteem and respect, dear Sir, your most -obedient and most humble servant. - - -TO MONSIEUR DE MONTMORIN. - - Philadelphia, January 23, 1792. - -Sir,--The President of the United States having destined Mr. Short to -another employment, he is instructed to take leave of the court of France. -The perfect knowledge I have of his understanding and dispositions, gives -me full confidence that he has so conducted himself during his residence -near them, as to merit their approbation; and that he will mark his -departure with those respectful attentions and assurances which will give -them entire satisfaction. Above all things, I hope that every exercise of -his functions has been consistent with the sincerity of the friendship we -bear to the King and nation, and that you will be persuaded, that no one -is more cordial in that sentiment than he who has the honor to be, with -the most profound respect and attachment, Sir, your most obedient, and -most humble servant. - - -TO DON JOSEPH JAUDENES, AND DON JOSEPH VIAR. - - Philadelphia, January 25, 1792. - -Gentlemen,--Don Joseph Jaudenes having communicated to me verbally that -his Catholic Majesty had been apprised of our solicitude to have some -arrangements made respecting our free navigation of the Mississippi, -and a port thereon convenient for the deposit of merchandize of export -and import for lading and unlading the sea and river vessels, and that -his Majesty would be ready to enter into treaty thereon directly with -us, whensoever we should send to Madrid a proper and acceptable person -authorized to treat on our part, I laid the communication before the -President of the United States. I am authorized by him to assure you -that our government has nothing more at heart than to meet the friendly -advances of his Catholic Majesty with cordiality, and to concur in such -arrangements on the subject proposed, as may tend best to secure peace and -friendship between the two nations on a permanent footing. The President -has, therefore, with the approbation of the Senate, appointed Mr. Short, -our present minister resident at the Hague, to proceed to Madrid as a -joint commissioner with Mr. Carmichael, with full powers to treat on the -subject before mentioned, and I have no doubt that these gentlemen will -so conduct themselves as to give entire satisfaction. Mr. Short's business -at the Hague will occasion a short delay of his departure from that place -for Madrid, but he will be duly urged to make it as short as possible. - -I have the honor to be, with sentiments of the most perfect esteem and -respect, Gentlemen, your most obedient, and most humble servant. - - -TO MR. SHORT. - - Philadelphia, January 28, 1792. - -Dear Sir,--My last private letter to you was of November 25th, your -last received was of September 29th. Though the present will be very -confidential, and will go, I do not know how, I cannot take time to -cypher it all. What has lately occurred here will convince you I have -been right in not raising your expectations as to an appointment. The -President proposed at first the nomination of Mr. T. Pinckney to the court -of London, but would not name him till we could have an assurance from -him that he would accept, nor did he indicate what the other appointments -would be till Mr. Pinckney's answer came. Then he nominated to the Senate -Mr. Morris, M. P. for France, Pinckney, M. P. for London, and yourself M. -R. for the Hague. The first of these appointments was extremely unpopular, -and so little relished by several of the Senate, that every effort -was used to negative it. Those whose personal objections to Mr. Morris -overruled their deference to the President, finding themselves a minority, -joined with another small party who are against all foreign appointments, -and endeavored with them to put down the whole system rather than let this -article pass. This plan was defeated, and Mr. Morris passed by a vote -of 16 against 11. When your nomination came on, it was consented to, by -15 against 11, every man of the latter, however, rising and declaring, -that as to yourself they had no personal objection, but only meant by -their vote to declare their opinion against keeping any person at the -Hague. Those who voted in the negative were not exactly the same in both -cases. When the biennial bill furnishing money for the support of the -foreign establishment shall come up at the next session, to be continued, -the same contest will arise again, and I think it very possible that if -the opponents of Mr. Morris cannot remove him otherwise, they will join -again with those who are against the whole establishment, and try to -discontinue the whole. If they fail in this, I still see no security in -their continuing the mission to the Hague; because to do this they must -enlarge the fund from forty to fifty thousand dollars. The President -afterwards proceeded to join you to Carmichael on a special mission to -Spain, to which there was no opposition, except from three gentlemen who -were against opening the Mississippi. - -I am, with sincere attachment, dear Sir, your affectionate friend and -servant. - - -TO COLONEL HAMILTON. - - February --, 1792. - -Dear Sir,--I return you the report on the mint, which I have read over -with a great deal of satisfaction. I concur with you in thinking that -the unit must stand on both metals, that the alloy should be the same in -both, also in the proportion you establish between the value of the two -metals. As to the question on whom the expense of coinage is to fall, I -have been so little able to make up an opinion satisfactory to myself, -as to be ready to concur in either decision. With respect to the dollar, -it must be admitted by all the world, that there is great incertainty in -the meaning of the term, and therefore all the world will have justified -Congress for their first act of removing the incertainty by declaring -what they understand by the term, but the incertainty once removed, -exists no longer, and I very much doubt a right now to change the value, -and especially to lessen it. It would lead to so easy a mode of paying -off their debts. Besides, the parties injured by this reduction of the -value would have so much matter to urge in support of the first point of -fixation. Should it be thought, however, that Congress may reduce the -value of the dollar, I should be for adopting for our unit, instead of -the dollar, either one ounce of pure silver, or one ounce of standard -silver, so as to keep the unit of money a part of the system of measures, -weights and coins. I hazard these thoughts to you extempore and am, dear -Sir, respectfully and affectionately. - - -TO MR. HAMMOND. - - Philadelphia, February 2, 1792. - -Sir,--On the receipt of your letter of the 14th of December, I -communicated it to the President of the United States, and under the -sanction of his authority, the principal members of the executive -department made it their duty to make known in conversations generally, -the explicit disclaimer, in the name of your court, which you had been -pleased to give us, that the government of Canada had supported or -encouraged the hostilities of our Indian neighbors in the western country. -Your favor of January the 30th, to the same purpose, has been, in like -manner, communicated to the President, and I am authorized to assure you, -that he is duly sensible of this additional proof of the disposition of -the court of London, to confine the proceedings of their officers in our -vicinage within the limits of friendship and good neighborhood, and that a -conduct so friendly and just, will furnish us a motive the more for those -duties and good offices which neighbor nations owe each other. - -You have seen too much, Sir, of the conduct of the press in countries -where it is free, to consider the gazettes as evidence of the sentiments -of any part of the government; you have seen them bestow on the government -itself, in all its parts, its full share of inculpation. Of the sentiments -of our government on the subject of your letter, I cannot give you better -evidence than the statement of the causes of the Indian war, made by the -Secretary of War on the 26th of the last month, by order of the President, -and inserted in the public papers. No interference on the part of your -nation is therein stated among the causes of the war. I am happy, however, -in the hope, that a due execution of the treaty will shortly silence those -expressions of public feeling by removing their cause. I have the honor -to be, with great respect and esteem, Sir, your most obedient, and most -humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, February 4, 1792. - -Sir,--The late appointment of a Minister Resident to the Hague, has -brought under consideration the condition of Mr. Dumas, and the question, -whether he is, or is not, at present in the service of the United States? - -Mr. Dumas, very early in the war, was employed first by Dr. Franklin, -afterwards by Mr. Adams, to transact the affairs of the United States -in Holland. Congress never passed any express vote of confirmation, but -they opened a direct correspondence with Mr. Dumas, sent him orders to -be executed, confirmed and augmented his salary, made that augmentation -retrospective, directed him to take up his residence in their hotel at the -Hague, and passed such other votes from time to time as established him -_de facto_ their agent at the Hague. On the change in the organization of -our government in 1789, no commission nor new appointment took place with -respect to him, though it did in most other cases; yet the correspondence -with him from the office of Foreign Affairs has been continued, and he -has regularly received his salary. A doubt has been suggested, whether -this be legal. I have myself no doubt but what it is legal. I consider -the source of authority with us to be the Nation. Their will, declared -through its proper organ, is valid, till revoked by their will declared -through its proper organ again also. Between 1776 and 1789, the proper -organ for pronouncing their will, whether legislative or executive, was a -Congress formed in a particular manner. Since 1789 it is a Congress formed -in a different manner, for laws, and a President, elected in a particular -way, for making appointments and doing other executive acts. The laws -and appointments of the ancient Congress were as valid and permanent in -their nature, as the laws of the new Congress, or appointments of the new -Executive; these laws and appointments, in both cases deriving equally -their source from the will of the nation; and when a question arises, -whether any particular law or appointment is still in force, we are to -examine, not whether it was pronounced by the ancient or present organ, -but whether it has been at any time revoked by the authority of the -nation, expressed by the organ competent at the time. The nation, by the -act of their federal convention, established some new principles and some -new organizations of the government. This was a valid declaration of their -will, and _ipso facto_ revoked some laws before passed, and discontinued -some officers and offices before appointed. Wherever, by this instrument, -an old office was suspended by a new one, a new appointment became -necessary; but where the new Constitution did not demolish an office, -either expressly or virtually, nor the President remove the officer, both -the office and officer remained. This was the case of several; in many -of them, indeed, an excess of caution dictated the superaddition of a new -appointment; but where there was no such superaddition, as in the instance -of Mr. Dumas, both the office and officer still remained: for the will -of the nation, validly pronounced by the proper organ of the day, had -constituted him their agent, and that will has not, through any of its -successive organs, revoked its appointment. I think, therefore, there is -no room to doubt its continuance, and that the receipt of salary by him -has been lawful. - -However, I would not wish to take on myself alone the decision of a -question so important, whether considered in a legal or constitutional -view; and therefore submit it to you, Sir, whether it is not a proper -question whereon to take the opinion of the Attorney General? - -Another question then arises, Ought Mr. Dumas to be discontinued? I am of -opinion he ought not. - -1. Not at this time; because Mr. Short's mission to Madrid will occasion -an immediate vacancy at the Hague again; and because, by the time -that will be over, his appointment at the Hague must be discontinued -altogether, unless Congress should enlarge the foreign fund. - -2. Not at any time; because, when, after the peace, Mr. Dumas' agency -became of less importance, Congress, under various views of his -sacrifices and services, manifested that their continuance of him was -in consideration of these, and of his advanced years and infirm state, -which render it impossible for him to launch into a new line of gaining -a livelihood; and they thought the continuance of moderate competence to -him for moderate services, was more honorable to the United States than -to abandon him in the face of Europe, after and under such circumstances. - -I have the honor to be, with sentiments of the most profound respect and -attachment. Sir, your most obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, February 7, 1792. - -Sir,--An account presented to me by Mr. John B. Cutting, for expenditures -incurred by him in liberating the seamen of the United States in British -ports, during the impressments, which took place under that government in -the year 1790, obliges me to recall some former transactions to your mind. - -You will be pleased to recollect the numerous instances of complaint -or information to us, about that time, of the violence committed on our -seafaring citizens in British ports, by their press-gangs and officers, -and that, not having even a consul there at that time, it was thought -fortunate that a private citizen, who happened to be on the spot, stept -forward for their protection; that it was obvious that these exertions -on his part must be attended with expense, and that a particular demand -of fifty pounds sterling for this purpose coming incidentally to my -knowledge, it was immediately remitted to Mr. Cutting, with a request -to account for it in convenient time. He now presents an account of all -his expenditures in this business, which I have the honor to communicate -herewith. According to this, the oppression extends to a much greater -number of our citizens, and their relief is more costly, than had -been contemplated. It will be necessary to lay the account before the -Legislature; because, the expenses being of a description which had not -occurred before, no appropriation heretofore made would authorize payment -at the treasury; because, too, the nature of the transactions may in some -instances require, justly, that the ordinary rules of evidence, which the -Auditor is bound to apply to ordinary cases, should suffer relaxations, -which he probably will not think himself authorized to admit, without the -orders of the Legislature. - -The practice in Great Britain of impressing seamen whenever war is -apprehended, will fall more heavily on ours than on those of any other -foreign nation, on account of the sameness of language. Our minister at -that court, therefore, will, on these occasions, be under the necessity of -interfering for their protection, in a way which will call for expense. -It is desirable that these expenses should be reduced to certain rules, -as far as the nature of the case will admit, and the sooner they are so -reduced the better. This may be done, however, on surer grounds after -the government of Great Britain shall have entered with us into these -arrangements on this particular subject which the seriousness of the case -calls for on our part, and its difficulty may admit on theirs. This done, -it will be desirable that legislative rules be framed which may equally -guide and justify the proceedings of our minister, or other agent, at -that court, and at the same time extend to our seafaring citizens the -protection of which they have so much need. - -Mr. Cutting, being on the spot, will himself furnish the explanations and -documents of his case, either to the legislature or a committee of it, or -to the Auditor, as he shall be required. - -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. HAMMOND. - - Philadelphia, February 25, 1792. - -Sir,--I have now the honor to enclose you the answer of the Attorney -General to a letter I wrote him on the subject of yours of the 18th -instant. - -It appears that the judges of the Supreme Court of the United States are -open to the application of Mr. Pagan for a writ of error to revise his -case. This writ is to be granted, indeed, or refused, at the discretion -of the judge; but the discretion of a judge is governed by the rules of -law; if these be in favor of Mr. Pagan's application, his case will be -reviewed in the Supreme Court, and the decision against him corrected, if -wrong; if these be against his application, he will then be at the end of -the ordinary course of law, at which term alone it is usual for nations to -take up the clause of an individual, and to inquire whether their judges -have refused him justice. At present, therefore, I am not able to say -more, than that the judges of the Supreme Court of the United States will -receive Mr. Pagan's application for a writ of error to revise the judgment -given against him by the inferior court, and that there can be no doubt -they will do on that application what shall be right. - -I have the honor to be, with the highest esteem, your most obedient, and -most humble servant. - - -TO MESSRS. JOHNSON, CARROL, AND STEWART. - - Philadelphia, March 6, 1792. - -Gentlemen,--It having been found impracticable to employ Major L'Enfant -about the federal city, in that degree of subordination which was lawful -and proper, he has been notified that his services are at an end. It is -now proper that he should receive the reward of his past services; and -the wish that he should have no just cause of discontent, suggests that -it should be liberal. The President thinks of two thousand five hundred, -or three thousand dollars: but leaves the determination to you. Ellicott -is to go on, the week after the next, to finish laying off the plan on -the ground, and surveying and platting the district. I have remonstrated -with him on the excess of five dollars a day and his expenses, and he -has proposed striking off the latter; but this also is left to you, and -to make the allowance retrospective. He is fully apprised that he is -entirely under your orders, and there will be no person employed but under -your orders. The enemies of this enterprise will take advantage of the -retirement of L'Enfant, to trumpet an abortion of the whole. This will -require double exertions, to be counteracted. I enclose you the project -of a loan which is agreed on, if you approve it. Your answer will be -immediately expected, and is kept entirely secret, till the subscriptions -are actually opened. With this money, in aid of your other funds, the -works may be pushed with such spirit as to evince to the world that they -will not be relaxed. - -The immediate employment of a superintendent, of activity and intelligence -equal to the nature of his functions and the public expectations, becomes -important. You will, doubtless, also consider it as necessary to advertise -immediately for plans of the Capitol and President's house. The sketch -of an advertisement for the plan of a Capitol, which Mr. Johnson had sent -to the President, is now returned with some alterations, and one also for -a President's house. Both of them are subject to your pleasure, and when -accommodated to that, if you will return them, they shall be advertised -here and elsewhere. The President thinks it of primary importance to press -the providing as great quantities of brick, stone, lime, plank, timber, -&c., this year as possible. It will occur to you that the stone should be -got by a skilful hand. Knowing what will be your funds, you will be able -to decide which of the following works had better be undertaken for the -present year. - - The cellars of both houses. - The foundations of one, or both. - Bridge over Rock Creek, and the post road brought over it. - Canal. - Wharves. - -The affair of Mr. Carrol, of Duddington's house, seems to call for -settlement. The President thinks the most just course would be, to rebuild -the house in the same degree, using the same materials as far as they will -go, and supplying what are destroyed or rendered unfit; so that the effect -will be in fact, only the removal of the house within his lot, and in a -position square with the streets. Do you not think it would be expedient -to take measures for importing a number of Germans and Highlanders? This -need not be to such an extent as to prevent the employment of eastern -laborers, which is eligible for particular reasons. If you approve of the -importation of Germans and have a good channel for it, you will use it, of -course. If you have no channel, I can help you to one. Though Roberdeau's -conduct has been really blamable, yet we suppose the principal object of -the arrest was to remove him off the ground. As the prosecution of him -to judgment might give room to misrepresentation of the motives, perhaps -you may think it not amiss to discontinue the proceedings. You will -receive herewith a packet of papers, among which are several projects and -estimates which have been given in by different persons, and which are -handed on to you, not as by any means carrying with them any degree of -approbation, but merely, that if you find anything good in them, you may -convert it to some account. Some of these contain the views of L'Enfant. - -I have the honor to be, with the most perfect esteem and respect, -gentlemen, your most obedient, and most humble servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, March 10, 1792. - -Dear Sir,--My letter of January the 23d, put under cover to Mr. Johnson -in London, and sent by a passenger in the British packet of February, -will have conveyed to you your appointment as Minister Plenipotentiary of -the United States, at the court of France. By the Pennsylvania, Captain -Harding, bound to Havre de Grace, and plying pretty regularly between -this place and that, you will receive the present letter, with the laws -of the United States, journals of Congress, and gazettes to this day, -addressed to the care of M. de la Motte. You will also receive a letter -from the President to the King of France, in answer to his announcing -the acceptance of the Constitution, which came to hand only a week ago. -A copy of this letter is sent for your own use. You will be pleased to -deliver the sealed one, (to the minister, I presume, according to the -ancient etiquette of the court,) accompanying it with the assurances -of friendship, which the occasion may permit you to express, and which -are cordially felt by the President and the great body of our nation. -We wish no occasion to be omitted of impressing the National Assembly -with this truth. We had expected, ere this, that in consequence of the -recommendation of their predecessors, some overtures would have been made -to us on the subject of a treaty of commerce. An authentic copy of the -recommendation was delivered, but nothing said about carrying it into -effect. Perhaps they expect that we should declare our readiness to meet -them on the ground of treaty. If they do, we have no hesitation to declare -it. In the meantime, if the present communications produce any sensation, -perhaps it may furnish a good occasion to endeavor to have matters -re-placed _in statu quo_, by repealing the late innovations as to our -ships, tobacco and whale oil. It is right that things should be on their -ancient footing, at opening the treaty. M. Ternant has applied here for -four thousand dollars for the succor of the French colonies. The Secretary -of the Treasury has reason to believe, that the late loan at Antwerp has -paid up all our arrearages to France, both of principal and interest, -and consequently, that there is no part of our debt exigible at this -time. However, the Legislature having authorized the President to proceed -in borrowing to pay off the residue, provided it can be done to the -_advantage_ of the United States, it is thought the law will be satisfied -with _avoiding loss_ to the United States. This has obliged the Secretary -of the Treasury to require some conditions, which may remove from us that -loss which we encountered, from an unfavorable exchange, to pay what was -_exigible_, and transfer it to France as to payments not exigible. These -shall be fully detailed to you when settled. In the meantime, the money -will be furnished as far as it can be done. Indeed, our wishes are cordial -for the re-establishment of peace and commerce in those colonies, and to -give such proofs of our good faith both to them and the mother country, -as to suppress all that jealousy which might oppose itself to the free -exchange of our _mutual productions_, so essential to the prosperity of -those colonies, and to the preservation of _our agricultural_ interest. -This is our true interest and our true object, and we have no reason to -conceal views so justifiable, though the expression of them may require -that the occasions be proper and the terms chosen with delicacy. The -gazettes will inform you of the proceedings of Congress, the laws passed -and proposed, and generally speaking, of all public transactions. You -will perceive that the Indian war calls for sensible exertions. It would -have been a trifle had we only avowed enemies to contend with. The British -court have disavowed all aid to the Indians. Whatever may have been their -orders in that direction, the Indians are fully and notoriously supplied -by their agents with everything necessary to carry on the war. Time will -show how all this is to end. Besides the laws, journals and newspapers, -before mentioned, you will receive herewith the State constitutions, the -census and almanac, and an answer to Lord Sheffield on our commerce. A -cypher is ready for you, but cannot be sent till we can find a trusty -passenger going to Paris. - -I am, with great respect and esteem, dear Sir, your most obedient, and -most humble servant. - - * * * * * - -Since writing the preceding, the two Houses have come to resolutions on -the King's letter, which are enclosed in the President's, and copies of -them accompany this for your use. - - -TO MESSRS. CARMICHAEL AND SHORT. - - Philadelphia, March 18, 1792. - -Gentlemen,--The President having thought proper to appoint you joint -commissioners plenipotentiary, on the part of the United States, to -treat with the court of Madrid on the subjects of the navigation of the -Mississippi, arrangements on our limits, and commerce, you will herewith -receive your commission; as also observations on these several subjects, -reported to the President and approved by him, which will therefore -serve as instructions for you. These expressing minutely the sense of our -government and what they wish to have done, it is unnecessary for me to -do more here than desire you to pursue these objects unremittingly, and -endeavor to bring them to an issue in the course of the ensuing summer. -It is desirable that you should keep an exact journal of what shall pass -between yourselves and the court or their negotiator, and communicate it -from time to time to me, that your progress and prospects may be known. -You will be the best judges whether to send your letters by Lisbon, Cadiz, -or what other route; but we shall be anxious to hear from you as often -as possible. If no safe conveyance occurs from Madrid to Lisbon, and -your matter should be of importance sufficient to justify the expense, a -courier must be sent; but do not incur the expense unless it be to answer -some good end. - -I have the honor to be, with great and sincere esteem, Gentlemen, your -most obedient, and most humble servant. - - -TO WILLIAM SHORT, ESQ. - - Philadelphia, March 18, 1792. - -Sir,--You will receive herewith a commission appointing Mr. Carmichael and -yourself joint commissioners plenipotentiary for treating on the subject -therein expressed with the Court of Madrid; to which place it is necessary -of course that you repair. The instructions and other papers accompanying -the commission, (and of which no duplicate is hazarded,) leave nothing -to be added here but to express the desire that this object be pursued -immediately. It is hoped that in consequence of my former letter you -will have made the necessary arrangements for an immediate departure on -your receipt of this. You will of course apprise the Court at the Hague -in the most respectful and friendly manner, that matters of high moment -committed to you, oblige you to a temporary absence. You will then be -pleased to proceed by such route as you think best to Madrid, taking care -to furnish yourself from the representative of Spain at the Hague, or -Paris, with such letters or passports as may ensure your papers from being -taken out of your possession, or searched. You will judge from existing -circumstances whether, when you approach the limits of Spain, it may not -be prudent for you to ascertain previously that you will be permitted to -pass unsearched. When arrived at Madrid, the other papers before mentioned -mark out the line to be pursued. I am, with great and sincere esteem, Sir, -your most obedient, and most humble servant. - - -TO MR. SHORT. - - Philadelphia, March 18, 1792. - -My Dear Sir,--I shall not repeat in this private dispatch anything said -in the public ones sent herewith. I have avoided saying in them what -you are to do, when the business you go on shall be finished or become -desperate, because I hope to hear what you wish. It is decided that -Carmichael will be permitted to come away at that precise epoch, so you -need have no delicacy on that subject, if you chose to remain there in -your present grade. I become more and more satisfied that the Legislature -will refuse the money for continuing any _diplomatic_ character at the -Hague. I hope you will consider success in the object you go on, as the -most important one of your life: that you will meditate the matter day -and night, and make yourself thoroughly master of it, in every possible -form they may force you to discuss it. A former letter has apprised you -of my private intentions at the close of the present federal cycle. My -successor and his dispositions are equally unknown. The administration -may change then in other of its parts. It is essential that this business -be completed before any idea of these things get abroad. Otherwise Spain -may delay in hopes of a change of consuls here. It will be a great comfort -to leave this business safely and amicably settled, which has so long and -immediately threatened our peace. Gardoqui will probably be the negotiator -on their part. No attentions should be spared towards him, or the Count -Florida Blanca. Let what will be said or done, preserve your _sang froid_ -immovably, and to every obstacle, oppose patience, perseverance, and -soothing language. Pardon my sermonizing; it proceeds from the interest -I feel in this business, and in your success. It will be well that you -examine with the most minute attention all the circumstances which may -enable you to judge and communicate to us whether the situation of Spain -admits her to go to war. - -The failure of some stock gamblers and some other circumstances, have -brought the public paper low. The 6 per cents have fallen from 26 to -21 1-4, and bank stock from 115 or 120 to 73 or 74, within two or -three weeks. This nefarious business is becoming more and more the -public detestation, and cannot fail, when the knowledge of it shall be -sufficiently extended, to tumble its authors headlong from their heights. -Money is leaving the remoter parts of the Union, and flowing to this place -to purchase paper; and here, a paper medium supplying its place, it is -shipped off in exchange for luxuries. The value of property is necessarily -falling in the places left bare of money. In Virginia, for instance, -property has fallen 25 per cent. in the last twelve months. I wish to God -you had some person who could dispose of your paper at a judicious moment -for you, and invest it in good lands. I would do anything my duty would -permit, but were I to advise your agent (who is himself a stock dealer) -to sell out yours at this or that moment, it would be used as a signal to -guide speculations. There can never be a fear but that the paper which -represents the public debt will be ever sacredly good. The public faith -is bound for this, and no change of system will ever be permitted to -touch this; but no other paper stands on ground equally sure. I am glad -therefore that yours is all of this kind. - -Some bishop of Spain, who was for some time in Mexico, found there copies -of Cortez's correspondence, and on his return to Spain, published them. -I have made many efforts to get this book, but in vain. I must beg of -you to procure it for me while there. It is not many years since it was -published. I am, with constant and sincere attachment, dear Sir, your -affectionate friend and servant. - - -TO MESSRS. DE VIAR AND DE JAUDENES. - - Philadelphia, March 23, 1792. - -Gentlemen,--I have the honor to inform you that a commission has been -issued to Mr. Carmichael and Mr. Short, as Commissioners Plenipotentiary -for the United States, to confer, treat, and negotiate with any person -or persons duly authorized by his Catholic Majesty, of and concerning -the navigation of the river Mississippi, and such other matters relative -to the confines of their territories, and the intercourse to be had -thereon, as the mutual interests and general harmony of neighboring and -friendly nations require should be precisely adjusted and regulated, and -of and concerning the general commerce between the United States and the -kingdom and dominions of his Catholic Majesty; and to conclude and sign -a treaty or treaties, convention or conventions thereon, saving as usual -the right of ratification, which commission is already on its way to Mr. -Short, whom it will find at the Hague, and who is desired immediately -to proceed to Madrid. I expect his route will be by Bordeaux, and thence -across the Pyrenees by the usual road. Might I hope your application to -your Court to send a passport and proper orders to their officers, where -he must first enter the kingdom, to protect his passage into and through -the kingdom, in order to prevent loss of time, which would be incurred by -his waiting there till he could ask and receive a passport from Madrid? -With the sincerest wishes that the matters not yet settled between the -two countries may be so adjusted as to give a free course to that conduct -on both sides which an unity of interest evidently prescribes, and with -sentiments of perfect esteem and respect for yourselves, I have the honor -to be, Gentlemen, your most obedient, and most humble servant. - - -TO COLONEL PICKERING. - - Philadelphia, March 28, 1792. - -Sir,--The President has desired me to confer with you on the proposition -I made the other day, of endeavoring to move the posts at the rate of one -hundred miles a day. It is believed to be practicable here, because it is -practised in every other country. The difference of expense alone appeared -to produce doubts with you on the subject. If you have no engagement -for dinner to-day, and will do me the favor to come and dine with me, we -will be entirely alone, and it will give us time to go over the matter -and weigh it thoroughly. I will, in that case, ask the favor of you to -furnish yourself with such notes as may ascertain the present expense of -the posts, for one day in the week, to Boston and Richmond, and enable us -to calculate the savings which may be made by availing ourselves of the -stages. Be pleased to observe that the stages travel all the day. There -seems nothing necessary for us then, but to hand the mail along through -the night till it may fall in with another stage the next day, if motives -of economy should oblige us to be thus attentive to small savings. If -a little latitude of expense can be allowed, I should be for only using -the stages the first day, and then have our riders. I am anxious that the -thing should be begun by way of experiment, for a short distance, because -I believe it will so increase the income of the post-office as to show we -may go through with it. I shall hope to see you at three o'clock. - -I am, with great esteem, Sir, your most obedient humble servant. - - -TO MR. HAMMOND. - - Philadelphia, March 31, 1792. - -Sir,--I received yesterday your favor of the day before, and immediately -laid it before the President of the United States. I have it in charge -from him to express to you the perfect satisfaction which these assurances -on the part of your court have given him, that Bowles, who is the -subject of them, is an unauthorized impostor. The promptitude of their -disavowal of what their candor had forbidden him to credit, is a new -proof of their friendly dispositions, and a fresh incitement to us to -cherish corresponding sentiments. To these we are led both by interest -and inclination, and I am authorized to assure you that no occasion will -be omitted on our part, of manifesting their sincerity. I have the honor -to be, with sentiments of the most perfect esteem and respect, Sir, your -most obedient and most humble servant. - - -TO GOVERNOR PINCKNEY. - - Philadelphia, April 1, 1792. - -Sir,--Your letter of January the 8th to the President of the United -States, having been referred to me, I have given the subject of it as -mature consideration as I am able. Two neighboring and free governments, -with laws equally mild and just, would find no difficulty in forming -a convention for the interchange of fugitive criminals. Nor would two -neighboring despotic governments, with laws of equal severity. The latter -wish that no door should be opened to their subjects flying from the -oppression of their laws. The fact is, that most of the governments on the -continent of Europe have such conventions; but England, the only free one -till lately, has never yet consented either to enter into a convention -for this purpose, or to give up a fugitive. The difficulty between a -free government and a despotic one, is indeed great. I have the honor to -enclose to your Excellency a sketch of the considerations which occurred -to me on the subject, and which I laid before the President. He has, in -consequence, instructed me to prepare a project of a convention, to be -proposed to the court of Madrid, which I have accordingly done, and now -enclose a copy of it. I wish it may appear to you satisfactory. Against -property we may hope it would be effectual; whilst it leaves a door -open to life and liberty except in a single unquestionable case. Messrs. -Carmichael and Short will be instructed to make this one of the subjects -of their negotiation with the court of Spain. - -I have the honor to be, with sentiments of the most perfect esteem and -respect, your Excellency's most obedient and most humble servant. - - -TO THE COMMISSIONERS OF WASHINGTON. - - Philadelphia, April 9, 1792. - -Gentlemen,--In a former letter I enclosed you an idea of Mr. Lee's for an -immediate appropriation of a number of lots to raise a sum of money for -erecting a national monument in the city of Washington. It was scarcely -to be doubted but that you would avoid appropriations for matters of -ornament till a sufficient sum should be secured out of the proceeds of -your sales to accomplish the public buildings, bridges and other such -objects as are essential. Mr. Caracchi, the artist, who had proposed to -execute the monument, has had hopes that a subscription set on foot for -that purpose, would have sufficed to effect it. That hope is now over, -and he is about to return to Europe. He is unquestionably an artist of -the first class. He has had the advantage of taking the model of the -President's person in plaster, equal to every wish in resemblance and -spirit. It is pretty certain that the equestrian statue of the President -can never be executed by an equal workman, who has had equal advantages, -and the question is whether a prudent caution will permit you to enter -into any engagement now, taking time enough before the term of payment to -have accomplished the more material objects of the public buildings, &c. -He says to execute the equestrian statue, with the cost of the materials, -in marble, will be worth 20,000 guineas; that he would begin it on his -return, if four or five years hence you can engage to pay him 20,000 -dollars, and the same sum annually afterwards, till the whole is paid, -before which time the statue shall be ready. It is rather probable that -within some time Congress would take it off your hands, in compliance -with an ancient vote of that body. The questions for your considerations -are, whether, supposing no difficulty as to the means, you think such a -work might be undertaken by you? Whether you can have so much confidence -in the productiveness of your funds as to engage for a residuum of this -amount, all more necessary objects being first secured, and that this may -be within the time before proposed? and, in fine, which will preponderate -in your minds, the hazard of undertaking this now, or that of losing the -aid of this artist? The nature of this proposition will satisfy you that -it has not been communicated to the President, and of course would not -be, unless a previous acceptance on your part, should render it necessary -to obtain his sanction. Your answer is necessary for the satisfaction of -Mr. Caracchi, at whose instance I submit the proposal to you, and who, I -believe, will only wait here the return of that answer. I have the honor -to be, with the most perfect esteem, gentlemen, your most obedient and -most humble servant. - - -TO COLONEL N. LEWIS. - - Philadelphia, April 12, 1792. - -Dear Sir,--Unremitting business must be my apology, as it is really -the true one, for my having been longer without writing to you than my -affections dictated. I am never a day without wishing myself with you, -and more and more as the fine sunshine comes on, which was made for all -the world but me. Congress will rise about the 21st. They have passed -the Representation bill at one for thirty-three thousand, which gives -to Virginia nineteen members. They have voted an army of five thousand -men, and the President has given the command to General Wayne, with four -brigadiers, to wit, Morgan, Brooks, Willet and Wilkinson. Congress is -now engaged on the ways and means of raising money to pay this army. A -further assumption of State debt has been proposed by the Secretary of the -Treasury, which has been rejected by a small majority; but the chickens of -the treasury have so many contrivances, and are so indefatigable within -doors and without, that we all fear they will get it in yet some way or -other. As the doctrine is that a public debt is a public blessing, so they -think a perpetual one is a perpetual blessing, and therefore wish to make -it so large that we can never pay it off. Your friend and servant. - - -TO THE PRESIDENT. - - Philadelphia, April 13, 1792. - -Sir,--I have the honor to lay before you a communication from Mr. -Hammond, Minister Plenipotentiary of his Britannic Majesty, covering a -clause of a statute of that country relative to its commerce with us, -and notifying a determination to carry it into execution henceforward. -Conceiving that the determination announced could not be really meant as -extensively as the words import, I asked and received an explanation from -the minister, as expressed in the letter and answer herein enclosed; and -on consideration of all circumstances, I cannot but confide in the opinion -expressed by him, that its sole object is to exclude foreign vessels from -the Islands of Jersey and Guernsey. The want of proportion between the -motives expressed and the measure, its magnitude and consequences, total -silence as to the proclamation on which the intercourse between the two -countries has hitherto hung, and of which, in this broad sense, it would -be a revocation, and the recent manifestations of the disposition of -that government to concur with this in mutual offices of friendship and -good will, support his construction. The minister, moreover, assured me -verbally, that he would immediately write to his court for an explanation, -and in the meantime, is of opinion that the usual intercourse of commerce -between the two countries (Jersey and Guernsey excepted) need not be -suspended. - -I have the honor to be, with sentiments of the most profound respect and -attachment Sir, your most obedient and most humble servant. - - -TO MESSRS. CARMICHAEL AND SHORT. - - Philadelphia, April 24, 1792. - -Gentlemen,--My letter of March the 18th, conveyed to you full powers for -treating with Spain on the subjects therein expressed. Since that, our -attention has been drawn to the case of fugitive debtors and criminals, -whereon it is always well that coterminous States should understand one -another, as far as their ideas on the rightful powers of government can be -made to go together. Where they separate, the cases may be left unprovided -for. The enclosed paper, approved by the President, will explain to -you how far we can go, in an agreement with Spain _for her territories -bordering on us_; and the plan of a convention is there stated. You are -desired to propose the matter to that court, and establish with them so -much of it as they approve, filling up the blank for the manner of the -demand by us and compliance with them, in such a way, as their laws and -the organization of their government may require. But recollect that -they bound on us between two and three thousand miles, and consequently, -that they should authorize a delivery by some description of officers -to be found on every inhabitable part of their border. We have thought -it best to agree, specially, the manner of proceeding _in our country_, -on a demand of theirs, because the convention will in that way execute -itself, without the necessity of a new law for the purpose. Your general -powers being comprehensive enough to take in this subject, no new ones -are issued. - -I have the honor to be, with great respect, Gentlemen, your most obedient, -and most humble servant. - - -[The annexed are the papers referred to in the preceding.] - -_Project of a convention with the Spanish provinces._ - -Any person having committed murder or malice prepense, not of the nature -of treason, within the United States or the Spanish provinces adjoining -thereto, and fleeing from the justice of the country, shall be delivered -up by the government where he shall be found, to that from which he fled, -whenever demanded by the same. - -The manner of the demand by the Spanish government, and of the compliance -by that of the United States, shall be as follows. The person authorized -by the Spanish government where the murder was committed, to pursue the -fugitive, may apply to any justice of the Supreme Court of the United -States, or to the district judge of the place where the fugitive is, -exhibiting proof on oath that a murder has been committed by the said -fugitive within the said government, who shall thereon issue his warrant -to the marshal or deputy marshal of the same place, to arrest the fugitive -and have him before the said district judge, or the said pursuer may apply -to such marshal or deputy marshal directly, who, on exhibition of proof -as aforesaid, shall thereupon arrest the fugitive, and carry him before -the said district judge; and when before him in either way, he shall -within not less than ---- days, nor more than ----, hold a special court -of inquiry, causing a grand jury to be summoned thereto, and charging -them to inquire whether the fugitive hath committed a murder, not of -the nature of treason, within the province demanding him, and on their -finding a true bill, the judge shall order the officer in whose custody -the fugitive is, to deliver him over to the person authorized as aforesaid -to receive him, and shall give such further authorities to aid the said -person in safe keeping and conveying the said fugitive to the limits of -the United States, as shall be necessary and within his powers; and his -powers shall expressly extend to command the aid of _posse_ of every -district through which the said fugitive is to be carried. And the said -justices, judges and other officers, shall use in the premises the same -process and proceedings, _mutatis mutandis_, and govern themselves by the -same principles and rules of law, as in cases of murder committed on the -high seas. - -And the manner of demand by the United States and of compliance by the -Spanish government, shall be as follows. The person authorized by a -justice of the Supreme Court of the United States, or by the district -judge where the murder was committed, to pursue the fugitive, may apply -to ---- - -Evidence on oath, though written and _ex parte_, shall have the same -weight with the judge and grand jury in the preceding cases, as if the -same had been given before them orally and in presence of the prisoner. - -The courts of justice of the said States and provinces, shall be -reciprocally open for the demand and recovery of debts due to any person -inhabiting the one, from any person fled therefrom and found in the other, -in like manner as they are open to their own citizens; likewise, for the -recovery of the property, or the value thereof, carried away from any -person inhabiting the one, by any person fled therefrom and found in the -other, which carrying away shall give a right of civil action, whether -the fugitive came to the original possession lawfully or unlawfully, -even feloniously; likewise, for the recovery of damages sustained by any -forgery committed by such fugitive. And the same provision shall hold -in favor of the representatives of the original creditor or sufferer, -and against the representatives of the original debtor, carrier away or -forger; also, in favor of either government or of corporations, as of -natural persons. But in no case, shall the person of the defendant be -imprisoned for the debt, though the process, whether original, mesne, -or final, be for the form sake directed against his person. If the time -between the flight and the commencement of the action exceed not ---- -years, it shall be counted but as one day under any act of limitations. - -This convention shall continue in force ---- years from the exchange of -ratifications, and shall not extend to anything happening previous to such -exchange. - -_Heads of consideration on the establishment of conventions between the -United States and their neighbors, for the mutual delivery of fugitives -from justice._ - -Has a nation a right to punish a person who has not offended itself? -Writers on the law of nature agree that it has not. That, on the contrary, -exiles and fugitives are, to it, as other strangers, and have a right -of residence, unless their presence would be noxious; e. g. infectious -persons. One writer extends the exception to atrocious criminals, too -imminently dangerous to society; namely, to pirates, murderers, and -incendiaries. Vattel, L.1.5. 233. - -The punishment of _piracy_ being provided for by our laws, need not be so -by convention. - -_Murder._ Agreed that this is one of the extreme crimes justifying a -denial of habitation, arrest and re-delivery. It should be carefully -restrained by definition to homicide of _malice prepense, and not of the -nature of treason_. - -_Incendiaries_, or those guilty of _arson_. This crime is so rare as not -to call for extraordinary provision by a convention. The only _rightful_ -subject then of arrest and delivery, for which we have _need_, is -_murder_. Ought we to wish to strain the natural right of arresting and -re-delivering fugitives to other cases? - -The punishment of all real crimes is certainly desirable, as a security to -society; the security is greater in proportion as the chances of avoiding -punishment are less. But does the fugitive, from his country avoid -punishment? He incurs exile, not voluntary, but under a moral necessity -as strong as physical. Exile, in some countries, has been the highest -punishment allowed by the laws. To most minds it is _next to death_; -to many _beyond it_. The fugitive indeed is not of the latter; he must -estimate it somewhat _less than death_. It may be said that to _some_, as -foreigners, it is no punishment. - -Answer. These cases are few. Laws are to be made for the mass of cases. - -The object of a convention then, in other cases, would be, that the -fugitive might not avoid the _difference between exile and the legal -punishment of the case_. Now in what case would this _difference_ be so -important, as to overweigh even the single inconvenience of multiplying -compacts? - -1. _Treason._ This, when real, merits the highest punishment. But most -codes extend their definitions of treason to acts not really against one's -country. They do not distinguish between acts against the _government_ and -acts against the _oppressions of the government_; the latter are virtues; -yet they have furnished more victims to the executioner than the former; -because real treasons are rare; oppressions frequent. The unsuccessful -strugglers against tyranny, have been the chief martyrs of treason laws -in all countries. - -Reformation of government with _our_ neighbors, being as much wanted -now as reformation of religion is, or ever was anywhere, we should not -wish then, to give up to the executioner, the patriot who fails, and -flees to us. Treasons then, taking the _simulated_ with the _real_, are -sufficiently punished by exile. - -2. Crimes against _property_; the punishment in most countries, immensely -disproportionate to the crime. - -In England and probably in Canada, to steal a horse is death, the first -offence; to steal above the value of twelve pence is death, the second -offence. All _excess_ of punishment is a crime. To remit a fugitive to -excessive punishment is to be accessary to the crime. Ought we to wish for -the obligation, or the right to do it? Better, on the whole, to consider -these crimes as sufficiently punished by the exile. - -There is one crime, however, against property, pressed by its consequences -into more particular notice, to-wit: - -_Forgery_, whether of _coin_ or _paper_; and whether paper of _public_ or -_private_ obligation. But the fugitive for forgery is punished by exile -and confiscation of the property he leaves; to which add by convention, -a civil action against the property he carries or acquires, to the amount -of the special damage done by his forgery. - -The _carrying away_ of the property of another, may also be reasonably -made to found a _civil_ action. A convention then may include forgery and -the carrying away the property of others under the head of, - -3. _Flight from debts._ - -To remit the fugitive in this case, would be to remit him in every case. -For in the present state of things, it is next to impossible not to owe -something. But I see neither injustice nor inconvenience in permitting the -fugitive to be sued in our courts. The laws of some countries punishing -the unfortunate debtor by perpetual imprisonment, he is right to liberate -himself by flight, and it would be wrong to re-imprison him in the -country to which he flies. Let all process, therefore, be confined to his -property. - -_Murder_, not amounting to treason, being the only case in which the -fugitive is to be delivered: - -On what _evidence_, and _by whom_, shall he be delivered? - -In this country, let any justice of the Supreme Court of the United -States, or other judge of the district where the fugitive is found, use -the same proceedings as for a murder committed on the high seas, until -the _finding_ of the "_true bill_" by the grand jury; but evidence on oath -from the country demanding him, though in _writing_ and _ex parte_, should -have the same effect as if delivered _orally_ at the _examination_. - -A true bill being found by the grand jury, let the officer in whose -custody the fugitive is, deliver him to the person charged to demand and -receive him. - -In the British provinces adjoining us the same proceedings will do. - -In the Spanish provinces, a proceeding adapted to the course of their laws -should be agreed on. - -March 22, 1792. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, April 28, 1792. - -Dear Sir,--My last letter to you was of the 10th of March. The preceding -one of January the 23d, had conveyed to you your appointment as Minister -Plenipotentiary to the court of France. The present will, I hope, find you -there. I now enclose you the correspondence between the Secretary of the -Treasury and minister of France, on the subject of the moneys furnished -to the distressed of their colonies. You will perceive that the minister -chose to leave the adjustment of the terms to be settled at Paris, between -yourself and the King's ministers. This you will therefore be pleased -to do on this principle; that we wish to avoid any loss by the mode of -payment, but would not choose to make a gain which should throw loss on -them. But the letters of the Secretary of the Treasury will sufficiently -explain the desire of the government, and be a sufficient guide to you. - -I now enclose you the act passed by Congress for facilitating the -execution of the consular convention with France. In a bill which has -passed the House of Representatives for raising moneys for the support of -the Indian war, while the duties on every other species of wine are raised -from one to three-fourths more than they were, the best wines of France -will pay little more than the worst of any other country, to wit, between -six and seven cents a bottle; and where this exceeds forty per cent. on -their cost, they will pay but the forty per cent. I consider this latter -provision as likely to introduce in abundance the cheaper wines of France, -and the more so, as the tax on ardent spirits is considerably raised. -I hope that these manifestations of friendly dispositions towards that -country, will induce them to repeal the very obnoxious laws respecting -our commerce, which were passed by the preceding National Assembly. The -present session of Congress will pass over, without any other notice of -them than the friendly preferences before mentioned. But if these should -not produce a retaliation of good on their part, a retaliation of evil -must follow on ours. It will be impossible to defer longer than the -next session of Congress, some counter regulations for the protection -of our navigation and commerce. I must entreat you therefore, to avail -yourself of every occasion of friendly remonstrance on this subject. -If they wish an equal and cordial treaty with us, we are ready to enter -into it. We would wish that this could be the scene of negotiation, from -considerations suggested by the nature of our government, which will -readily occur to you. Congress will rise on this day sen'night. I enclose -you a letter from Mrs. Greene, who asks your aid in getting her son -forwarded by the Diligence to London, on his way to America. The letter -will explain to you the mode and the means, and the parentage and genius -of the young gentleman will insure your aid to him. As this goes by the -French packet, I send no newspapers, laws, or other articles of that kind, -the postage of which would be high. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, May 16, 1792. - -Dear Sir,--The day after your departure, I received from a Mr. Green, -a merchant now at New York, through a third person, the following -communication: "that he had had very _late_ advices from Spain, _by -way of the Spanish islands_, to this effect, that war with France was -inevitable, that troops were marching from all quarters of the kingdom -to the frontiers, and that fifty sail of the line had been commissioned." -This was permitted to be mentioned to me, but, for particular reasons, to -no other persons. I suppose the particular reasons were some mercantile -speculation founded on the intelligence; perhaps it may be to buy up all -our flour. We have London news from the 1st of April, and nothing of this -is mentioned. I have a letter from Colonel Humphreys of March 18, which -says nothing of it. I am in hopes, therefore, the only effect will be -to get us a good price for our flour or fish; this being our look out, -while the success of the speculation is that of the adventurer. You will -recollect that we had learned the death of the Emperor of Morocco, after -a battle in which he was victorious. The brother opposed to him, it seems, -was killed in the same action, and the one--Muley Islema--who had been so -long in the sanctuary, is proclaimed Emperor. He was the best character of -the three, and is likely to be peaceable. This information is from Colonel -Humphreys. The Queen of Portugal is still in the same state. Wyllys does -not pronounce her curable, though he says there is nothing which indicates -the contrary. He has removed from her all her former physicians. Mr. -Madison has favored me with some corrections for my letter to Mr. H. It -is now in the hands of the Attorney General, and shall then be submitted -to Colonel Hamilton. I find that these examinations will retard the -delivery of it considerably. However, delay is preferable to error. Mr. -Pinckney is engaged in going over such papers of my office as may put him -in possession of whatever has passed between us and the court he is going -to. I have one hundred olive trees, and some caper plants, arrived here -from Marseilles, which I am sending on to Charleston, where, Mr. Pinckney -tells me, they have already that number living of those I had before sent -them. I have the honor to be, with sentiments of the most perfect respect -and attachment, dear Sir, your most obedient, and most humble servant. - - -TO MESSRS. DE VIAR AND DE JAUDENES. - - Philadelphia, May 17, 1792. - -Gentlemen,--We lately received from Mr. Leagrove, our Indian agent for -the Southern Department, a letter, of which the enclosed is an extract, -whereby it appeared that a party of the Creek Indians, under the influence -of the adventurer Bowles, had meditated some depredations on the Spanish -settlements, from which they had been diverted by a friend of our -agent, but that their disposition to do injury was, perhaps, not quite -extinguished. Sensible how much it is in the power of neighbor nations -to contribute to mutual happiness and prosperity, by faithfully using -their good offices wherever they can procure the peace and advantage -of each other, and feeling a union of interest with Spain in whatever -regards the adjacent possessions, we have not hesitated to give general -instructions to our agent in that department to cultivate in the Indians -the same friendly dispositions towards the Spanish settlements as towards -ourselves, and to promote their peace and interest in every case with the -same zeal as our own. - -I have the honor to enclose you one of those orders, to congratulate you -on the intelligence that the leader, who gave occasion to this particular -interposition, is no longer in a situation to threaten further danger, -and to assure you that, as far as shall depend on us, we will, on every -future occasion, sincerely use what influence we may have with the Indians -to discountenance and prevent every measure they may meditate against the -peace or prosperity of your subjects. - -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 PRESIDENT OF THE UNITED STATES. - - Philadelphia, May 18, 1792. - -Dear Sir,--Since I wrote you the day before yesterday, I have received -a letter of March 25, from Colonel Humphreys, informing me that the -Queen of Portugal was considerably better, as also mentioning the death -of the Emperor of Germany. What effect this last event will have on the -affairs of Europe, cannot be foreseen, the character of the successor -being absolutely unknown. He is twenty-four years of age. One would -conjecture that, if he has any dispositions to war, he would think a -little time necessary to get his election passed in form, to see if the -troubles within his dominions quieted by his father, would be likely to -break out or not, &c., and that this would hold him back one campaign. -Still, this event renders peace less certain, as the character of his -father was so decidedly pacific, that one might count on that. There -seems to have been a magnificent story current in London for the three or -four last days of March, of the capture of Seringapatam and Tippoo Saib, -great slaughter, &c.; but, on the 1st of April, the date of the latest -paper which the vessel brings (she is from Glasgow), it had died away to -a _hum_ raised by stock jobbers, who wanted to sell out. It did in fact -raise East India stock two or three per cent. Still it was not fallen into -entire discredit, as appears by some paragraphs, and consequently cannot -be decidedly pronounced untrue. Perhaps the contradiction of it was the -counter hum of those who wanted to buy in. - -I have the honor to be, with great and sincere respect and attachment, -dear Sir, your most obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, May 23, 1792. - -Dear Sir,--I have determined to make the subject of a letter what for some -time past has been a subject of inquietude to my mind, without having -found a good occasion of disburthening itself to you in conversation, -during the busy scenes which occupied you here. Perhaps, too, you may be -able in your present situation, or on the road, to give it more time and -reflection than you could do here at any moment. - -When you first mentioned to me your purpose of retiring from the -government, though I felt all the magnitude of the event, I was in -a considerable degree silent. I knew that, to such a mind as yours, -persuasion was idle and impertinent; that before forming your decision you -had weighed all the reasons for and against the measure, had made up your -mind on full view of them, and that there could be little hope of changing -the result. Pursuing my reflections, too, I knew we were some day to try -to walk alone, and if the essay should be made while you should be alive -and looking on, we should derive confidence from that circumstance, and -resource, if it failed. The public mind, too, was calm and confident, and -therefore in a favorable state for making the experiment. Had no change of -circumstances intervened, I should not, with any hopes of success, have -now ventured to propose to you a change of purpose. But the public mind -is no longer confident and serene; and that from causes in which you are -no ways personally mixed. Though these causes have been hackneyed in the -public papers in detail, it may not be amiss, in order to calculate the -effect they are capable of producing, to take a view of them in the mass, -giving to each the form, real or imaginary, under which they have been -presented. - -It has been urged, then, that a public debt, greater than we can possibly -pay, before other causes of adding new debt to it will occur, has been -artificially created by adding together the whole amount of the debtor and -creditor sides of accounts, instead of only taking their balances, which -could have been paid off in a short time: that this accumulation of debt -has taken forever out of our power those easy sources of revenue which, -applied to the ordinary necessities and exigencies of government, would -have answered them habitually, and covered us from habitual murmurings -against taxes and tax-gatherers, reserving extraordinary calls for those -extraordinary occasions which would animate the people to meet them: -that though the calls for money have been no greater than we must expect -generally, for the same or equivalent exigencies, yet we are already -obliged to strain the impost till it produces clamor, and will produce -evasion and war on our own citizens to collect it, and even to resort -to an _excise_ law of odious character with the people, partial in its -operation, unproductive unless enforced by arbitrary and vexatious means, -and committing the authority of the government in parts where resistance -is most probable and coercion least practicable. They cite propositions -in Congress, and suspect other projects on foot still to increase the -mass of debt. They say, that by borrowing at two-thirds of the interest, -we might have paid off the principal in two-thirds of the time; but that -from this we are precluded by its being made irredeemable but in small -portions and long terms; that this irredeemable quality was given it for -the avowed purpose of inviting its transfer to foreign countries. They -predict that this transfer of the principal, when completed, will occasion -an exportation of three millions of dollars annually for the interest, -a drain of coin, of which, as there has been no examples, no calculation -can be made of its consequences: that the banishment of our coin will be -complicated by the creation of ten millions of paper money, in the form of -bank bills now issuing into circulation. They think the ten or twelve per -cent. annual profit paid to the lenders of this paper medium taken out of -the pockets of the people, who would have had without interest the coin -it is banishing: that all the capital employed in paper speculation is -barren and useless, producing, like that on a gaming table, no accession -to itself, and is withdrawn from commerce and agriculture, where it -would have produced addition to the common mass: that it nourishes in our -citizens habits of vice and idleness, instead of industry and morality: -that it has furnished effectual means of corrupting such a portion of the -legislature as turns the balance between the honest voters, whichever -way it is directed: that this corrupt squadron, deciding the voice of -the legislature, have manifested their dispositions to get rid of the -limitations imposed by the Constitution on the general legislature, -limitations, on the faith of which, the States acceded to that instrument: -that the ultimate object of all this is to prepare the way for a change -from the present republican form of government to that of a monarchy, -of which the English constitution is to be the model: that this was -contemplated by the convention is no secret, because its partisans have -made more of it. To effect it then was impracticable, but they are still -eager after their object, and are predisposing everything for its ultimate -attainment. So many of them have got into the Legislature, that, aided -by the corrupt squadron of paper dealers, who are at their devotion, they -make a majority in both houses. The republican party, who wish to preserve -the government in its present form, are fewer in number; they are fewer -even when joined by the two, three, or half dozen anti-federalists, who, -though they dare not avow it, are still opposed to any general government; -but, being less so to a republican than a monarchical one, they naturally -join those whom they think pursuing the lesser evil. - -Of all the mischiefs objected to the system of measures before mentioned, -none is so afflicting and fatal to every honest hope, as the corruption -of the Legislature. As it was the earliest of these measures, it became -the instrument for producing the risk, and will be the instrument for -producing in future a king, lords and commons, or whatever else those -who direct it may choose. Withdrawn such a distance from the eye of -their constituents, and these so dispersed as to be inaccessible to -public information, and particularly to that of the conduct of their own -representatives, they will form the most corrupt government on earth, -if the means of their corruption be not prevented. The only hope of -safety hangs now on the numerous representation which is to come forward -the ensuing year. Some of the new members will be, probably, either in -principle or interest, with the present majority; but it is expected -that the great mass will form an accession to the republican party. They -will not be able to undo all which the two preceding Legislatures, and -especially the first, have done. Public faith and right will oppose this. -But some parts of the system may be rightfully reformed, a liberation from -the rest unremittingly pursued as fast as right will permit, and the door -shut in future against similar commitments of the nation. Should the next -Legislature take this course, it will draw upon them the whole monarchical -and paper interest; but the latter, I think, will not go all lengths with -the former, because creditors will never, of their own accord, fly off -entirely from their debtors; therefore, this is the alternative least -likely to produce convulsion. But should the majority of the new members -be still in the same principles with the present, and show that we have -nothing to expect but a continuance of the same practices, it is not easy -to conjecture what would be the result, nor what means would be resorted -to for correction of the evil. True wisdom would direct that they should -be temperate and peaceable; but the division of sentiment and interest -happens unfortunately to be so geographical, that no mortal can say that -what is most wise and temperate would prevail against what is most easy -and obvious? I can scarcely contemplate a more incalculable evil than the -breaking of the Union into two or more parts. Yet when we consider the -mass which opposed the original coalescence; when we consider that it -lay chiefly in the Southern quarter; that the Legislature have availed -themselves of no occasion of allaying it, but on the contrary, whenever -Northern and Southern prejudices have come into conflict, the latter -have been sacrificed and the former soothed; that the owers of the debt -are in the Southern, and the holders of it in the Northern division; -that the anti-federal champions are now strengthened in argument by the -fulfillment of their predictions; that this has been brought about by -the monarchical federalists themselves, who, having been for the new -government merely as a stepping stone to monarchy, have themselves adopted -the very constructions of the Constitution, of which, when advocating -its acceptance before the tribunal of the people, they declared it -unsusceptible; that the republican federalists who espoused the same -government for its intrinsic merits, are disarmed of their weapons; that -which they denied as prophecy, having now become true history, who can -be sure that these things may not proselyte the small number which was -wanting to place the majority on the other side? And this is the event at -which I tremble, and to prevent which I consider your continuing at the -head of affairs as of the last importance. The confidence of the whole -Union is centred in you. Your being at the helm will be more than an -answer to every argument which can be used to alarm and lead the people -in any quarter, into violence and secession. North and South will hang -together if they have you to hang on; and if the first correction of a -numerous representation should fail in its effect, your presence will give -time for trying others, not inconsistent with the union and peace of the -States. - -I am perfectly aware of the oppression under which your present office -lays your mind, and of the ardor with which you pant for domestic life. -But there is sometimes an eminence of character on which society have such -peculiar claims as to control the predelictions of the individual for -a particular walk of happiness, and restrain him to that alone arising -from the present and future benedictions of mankind. This seems to be -your condition, and the law imposed on you by providence in forming your -character, and fashioning the events on which it was to operate; and it -is to motives like these, and not to personal anxieties of mine or others -who have no right to call on you for sacrifices, that I appeal, and urge -a revisal of it, on the ground of change in the aspect of things. Should -an honest majority result from the new and enlarged representation; should -those acquiesce whose principles or interest they may control, your wishes -for retirement would be gratified with less danger, as soon as that shall -be manifest, without awaiting the completion of the second period of four -years. One or two sessions will determine the crisis; and I cannot but -hope that you can resolve to add more to the many years you have already -sacrificed to the good of mankind. - -The fear of suspicion that any selfish motive of continuance in office -may enter into this solicitation on my part, obliges me to declare that -no such motive exists. It is a thing of mere indifference to the public -whether I retain or relinquish my purpose of closing my tour with the -first periodical renovation of the government. I know my own measure -too well to suppose that my services contribute anything to the public -confidence, or the public utility. Multitudes can fill the office in -which you have been pleased to place me, as much to their advantage -and satisfaction. I have, therefore, no motive to consult but my own -inclination, which is bent irresistibly on the tranquil enjoyment of my -family, my farm and my books. I should repose among them, it is true, in -far greater security, if I were to know that you remained at the watch; -and I hope it will be so. To the inducements urged from a view of our -domestic affairs, I will add a bare mention, of what indeed need only to -be mentioned, that weighty motives for your continuance are to be found -in our foreign affairs. I think it probable that both the Spanish and -English negotiations, if not completed before your purpose is known, will -be suspended from the moment it is known, and that the latter nation will -then use double diligence in fomenting the Indian War. With my wishes for -the future, I shall at the same time express my gratitude for the past, -at least my portion in it; and beg permission to follow you, whether in -public or private life, with those sentiments of sincere attachment and -respect, with which I am unalterably, dear Sir, your affectionate friend -and humble servant. - - -MR. JEFFERSON, SECRETARY OF STATE OF THE UNITED STATES, TO MR. HAMMOND. - - Philadelphia, May 29, 1792. - -Sir,--Your favor of March 5th has been longer unanswered than consisted -with my wishes, to forward as much as possible explanations of the -several matters it contained. But these matters were very various, and -the evidence of them not easily to be obtained, even were it could be -obtained at all. It has been a work of time and trouble, to collect from -the different States all the acts themselves, of which you had cited the -titles, and to investigate the judiciary decisions which were classed with -those acts as infractions of the treaty of peace. To these causes of delay -may be added the daily duties of my office, necessarily multiplied during -the sessions of the Legislature. - -Section 1. I can assure you with truth, that we meet you on this -occasion, with the sincerest dispositions to remove from between the -two countries those obstacles to a cordial friendship, which have arisen -from an inexecution of some articles of the treaty of peace. The desire -entertained by this country, to be on the best terms with yours, has -been constant, and has manifested itself through its different forms of -administration, by repeated overtures to enter into such explanations and -arrangements as should be right and necessary to bring about a complete -execution of the treaty. The same dispositions lead us to wish, that the -occasion now presented should not be defeated by useless recapitulations -of what had taken place anterior to that instrument. It was with concern, -therefore, I observed that you had thought it necessary to go back to -the very commencement of the war, and in several parts of your letter -to enumerate and comment on all the acts of our different legislatures, -passed during the whole course of it, in order to deduce from thence, -imputations which your justice would have suppressed, had the whole truth -been presented to your view, instead of particular traits, detached from -the ground on which they stood. However easy it would be to justify our -country, by bringing into view the whole ground, on both sides, to show -that legislative warfare began with the British Parliament; that when they -levelled at persons or property, it was against entire towns or countries, -without discrimination of cause or conduct, while we touched individuals -only; naming them man by man, after due consideration of each case, and -careful attention not to confound the innocent with the guilty; however -advantageously we might compare the distant and tranquil situation of -their Legislature with the scenes in the midst of which ours were obliged -to legislate; and might then ask, whether the difference of circumstance -and situation would not have justified a contrary difference of conduct, -and whether the wonder ought to be, that our legislatures had done so -much, or so little? we will waive all this, because it would lead to -recollections, as unprofitable as unconciliating. The titles of some of -your acts, and a single clause of one of them only, shall be thrown among -the documents at the end of this letter, No. 1, 2, and with this we will -drop forever the curtain on this tragedy! - -Sec. 2. We now come together to consider that instrument which was to heal -our wounds, and begin a new chapter in our history. The state in which -that found things, is to be considered as rightful: so says the law of -nations. [6]"L'état où les choses se trouvent au moment du traité doit -passer pour legitime; et si l'on veut y apporter du changement il faut que -le traité en fasse une mention expresse. Par consequent toutes les choses -dont le traité ne dit rien, doivent demeurer dans l'etat où elles se -trouvent lors de sa conclusion." Vattel, 1. 4, s. 21. [7]"De quibus nihil -dictum, ea manent quo sunt loco." Wolf, 1222. No alterations then are to -be claimed on either side, but those which the treaty has provided. The -moment, too, to which it refers, as a rule of conduct for this country at -large, was the moment of its notification to the country at large. Vattel, -1. 4, s. 24. [8]"Le traité de paix oblige les _parties contractantes_ du -moment qu'il est conclu aussitôt qu'il a reçu toute sa forme; et elles -doivent procurer incessamment l'execution; mais ce traité n'oblige les -_sujets_ que du moment qu'il leur est notifié." And s. 25. "Le traité -devient _par la publication_, une loi pour les sujets, et ils sont obligés -de se conformer désormais aux dispositions dont on y est convenu." And -another author as pointedly says, [9]"Pactio pacis _paciscentes_ statim -obligat quam primum _perfecta_, cum ex pacto veniat obligatio. Subditos -vero et milites, quam primum iisdem fuerit _publicata_; cum de eâ _ante -publicationem ipsis certo constare non possit_." Wolf, s. 1229. It was -stipulated, indeed, by the ninth article, that "if, before its arrival in -America," any place or territory, belonging to either party, should be -conquered by the arms of the other, it should be restored. This was the -only case in which transactions, intervening between the signature and -publication, were to be nullified. - -Congress, on the 24th of March, 1783, received informal intelligence -from the Marquis de la Fayette, that provisional articles were concluded; -and, on the same day, they received a copy of the articles, in a letter -of March 19th, from General Carleton and Admiral Digby. They immediately -gave orders for recalling all armed vessels, and communicated the orders -to those officers, who answered, on the 26th and 27th, that they were not -authorized to concur in the recall of armed vessels, on their part. On the -11th of April, Congress received an official copy of these articles from -Dr. Franklin, with notice that a preliminary treaty was now signed between -France, Spain and England. The event having now taken place on which the -provisional articles were to come into effect, on the usual footing of -preliminaries, Congress immediately proclaim them, and, on the 19th of -April, a cessation of hostilities is published by the commander-in-chief. -These particulars place all acts preceding the 11th of April out of -the present discussion, and confine it to the treaty itself, and the -circumstances attending its execution. I have therefore taken the liberty -of extracting from your list of American acts all of those preceding -that epoch, and of throwing them together in the paper No. 6, as things -out of question. The subsequent acts shall be distributed, according to -their several subjects, of I. Exile and confiscation: II. Debts: and III. -Interest on those debts: - -Beginning, I. with those of exile and confiscation, which will be -considered together, because blended together in most of the acts, and -blended also in the same article of the treaty. - -Sec. 3. It cannot be denied that the state of war strictly permits -a nation to seize the property of its enemies found within its own -limits, or taken in war, and in whatever form it exists, whether in -action or possession. This is so perspicuously laid down by one of the -most respectable writers on subjects of this kind, that I shall use his -words, [10]"Cum ea sit belli conditio, ut hostes sint omni jure spoliati, -rationis est, quascunque res hostium apud hostes inventas dominum mutare, -et fisco cedere. Solet præterea in singulis fere belli indictionibus -constitui, ut bona hostium, tam _apud nos reperta_, quam capta bello -publicentur. Si merum jus belli sequamur, etiam _immobilia_ possent vendi, -et eorum pretium in fiscum redigi, ut in mobilibus obtinet. Sed in omni -fere Europa sola fit annotatio, ut eorum fructus, durante bello, percipiat -fiscus, finito autem bello, ipsa immobilia ex pactis restituuntur -pristinis dominis." Bynkersh. Quest. Jur. Pub. 1. 1, c. 7. Every nation, -indeed, would wish to pursue the latter practice, if under circumstances -leaving them their usual resources. But the circumstances of our war were -without example; excluded from all commerce, even with neutral nations, -without arms, money, or the means of getting them abroad, we were obliged -to avail ourselves of such resources as we found at home. Great Britain, -too, did not consider it as an ordinary war, but a rebellion; she did -not conduct it according to the rules of war, established by the law of -nations, but according to her acts of parliament, made from time to time, -to suit circumstances. She would not admit our title even to the _strict -rights_ of ordinary war; she cannot then claim from us its _liberalities_; -yet the confiscations of property were by no means universal, and that of -debts still less so. What effect was to be produced on them by the treaty, -will be seen by the words of the fifth article, which are as follows: - -Sec. 4. "Art. V. It is agreed, that the Congress shall earnestly -recommend it to the Legislatures of the respective States, to provide -for the restitution of all estates, rights, and properties, which have -been confiscated, belonging to real British subjects, and also of the -estates, rights, and properties, of persons resident in districts in the -possession of his Majesty's arms, and who have not borne arms against the -said United States; and that persons of any other description shall have -free liberty to go to any part or parts of the thirteen United States, and -therein to remain twelve months, unmolested in their endeavors to obtain -the restitution of such of their estates, rights, and properties, as may -have been confiscated; and that Congress shall also earnestly recommend -to the several States a reconsideration and revision of all acts or laws -regarding the premises, so as to render the said laws or acts perfectly -consistent, not only with justice and equity, but with that spirit of -conciliation, which, on the return of the blessings of peace, should -universally prevail; and that Congress shall also earnestly recommend -to the several States, that the estates, rights, and properties, of such -last-mentioned persons, shall be restored to them, they refunding to any -persons, who may be now in possession, the bona fide price (where any -has been given), which such persons may have paid on purchasing any of -the said lands, rights, or properties, since the confiscation. And it -is agreed, that all persons who have any interest in confiscated lands, -either by debts, marriage, settlements, or otherwise, shall meet with no -lawful impediment in the prosecution of their just rights." - -"Art. VI. That there shall be no future confiscations made." - -Sec. 5. Observe, that in every other article, the parties agree expressly, -that such and such things _shall be done_; in this, they only agree to -_recommend_ that they shall be done. You are pleased to say (page 7), "It -cannot be presumed, that the Commissioners, who negotiated the treaty of -peace, would engage, in behalf of Congress, to make _recommendations_ to -the Legislatures of the respective States, which they did not expect to -be effectual, or enter into direct stipulations which they had not the -power to enforce." On the contrary, we may fairly presume that, if they -had had the power to _enforce_, they would not merely have _recommended_. -When, in every other article, they agree expressly _to do_, why in -this do they change the style suddenly, and agree only to _recommend_? -Because the things here proposed to be done were retrospective in their -nature--would tear up the laws of the several States, and the contracts -and transactions, private and public, which had taken place under them; -and retrospective laws were forbidden by the constitutions of several of -the States. Between persons whose native language is that of his treaty, -it is unnecessary to explain the difference between _enacting_ a thing to -be done, and _recommending_ it to be done; the words themselves being as -well understood as any by which they could be explained. But it may not -be unnecessary to observe, that _recommendations_ to the people, instead -of _laws_, had been introduced among us, and were rendered familiar in -the interval between discontinuing the old, and establishing the new -governments. The conventions and committees who then assembled, to guide -the conduct of the People, having no authority to oblige them by law, -took up the practice of simply recommending measures to them. These -recommendations they either complied with or not, at their pleasure. If -they refused, there was complaint, but no compulsion. So, after organizing -the Governments, if at any time it became expedient that a thing should -be done, which Congress, or any other of the organized bodies, were not -authorized to ordain, they simply recommended, and left to the People, -or their Legislatures, to comply, or not, as they pleased. It was -impossible that the negotiators on either side should have been ignorant -of the difference between agreeing _to do_ a thing, and agreeing only to -_recommend_ it to be done. The import of the terms is so different, that -no deception or surprise could be supposed, even if there were no evidence -that the difference was attended to, explained, and understood. - -Sec. 6. But the evidence on this occasion removes all question. It is -well known that the British court had it extremely at heart, to procure -a restitution of the estates of the refugees who had gone over to their -side; that they proposed it in the first inferences, and insisted on it to -the last; that our commissioners, on the other hand, refused it from first -to last, urging, 1st. That it was unreasonable to restore the confiscated -property of the refugees, unless they would reimburse the destruction of -the property of our citizens, committed on their part; and 2dly. That it -was beyond the powers of the commissions to stipulate, or of Congress to -enforce. On this point, the treaty hung long. It was the subject of a -special mission of a confidential agent of the British negotiator from -Paris to London. It was still insisted on, on his return, and still -protested against, by our commissioners; and when they were urged to -agree only, that Congress should _recommend_ to the State Legislatures -to restore the estates, &c., of the refugees, they were expressly told -that the Legislatures would not regard the recommendation. In proof of -this, I subjoin extracts from the letters and journals of Mr. Adams and -Dr. Franklin, two of our commissioners, the originals of which are among -the records of the Department of State, and shall be open to you for a -verification of the copies. These prove, beyond all question, that the -difference between an express agreement to do a thing, and to recommend -it to be done, was well understood by both parties, and that the British -negotiators were put on their guard by those on our part, not only that -the Legislature will be free to refuse, but that they probably would -refuse. And it is evident from all circumstances, that Mr. Oswald accepted -the _recommendation_ merely to have something to oppose to the clamors -of the refugees--to keep alive a hope in them, that they might yet get -their property from the State Legislatures; and that, if they should fail -in this, they would have ground to demand indemnification from their own -Government; and he might think it a circumstance of present relief at -least, that the question of indemnification by them should be kept out of -sight, till time and events should open it upon the nation insensibly. - -Sec. 7. The same was perfectly understood by the British ministry, and by -the members of both Houses in Parliament, as well those who advocated, as -those who oppose the treaty; the latter of whom, being out of the secrets -of the negotiation, must have formed their judgments on the mere import -of the terms. That all parties concurred in this exposition, will appear -by the following extracts from the parliamentary register; a work, which, -without pretending to give what is spoken with verbal accuracy, may yet -be relied on, we presume, for the general reasoning and opinions of the -speakers. - -House of Commons.--_The preliminary articles under consideration; 1783, -February 17th._ - -_Mr. Thomas Pitt._--"That the interests of the sincere loyalists were -as dear to him, as to any man; but that he could never think it would -have been promoted by carrying on that unfortunate war, which Parliament -had in fact suspended before the beginning of the treaty; that it was -impossible, after the part Congress was pleased to take in it, to conceive -that their _recommendation_ would not have its proper influence on the -different Legislatures; that he did not himself see what more could have -been done on their behalf, except by renewing the war for their sakes, -and increasing our and their calamities."--_9 Debrett's Parliamentary -Register_, 233. - -_Mr. Wilberforce._--"When he considered the case of the loyalists, he -confessed he felt himself there conquered; there he saw his country -humiliated; he saw her at the feet of America! Still he was induced to -believe, that Congress would religiously comply with the article, and that -the loyalists would obtain redress from America. Should they not, this -country was bound to afford it them. They must be compensated. Ministers, -he was persuaded, meant to keep the faith of the nation with them, and -he verily believed, had obtained the best terms they possibly could for -them."--_Ib._ 236. - -_Mr. Secretary Townsend._--"He was ready to admit, that many of the -loyalists had the strongest claims upon this country; and he trusted, -should the _recommendation_ of Congress to the American States prove -unsuccessful, which he flattered himself would not be the case, this -country would feel itself bound in honor to make them full compensation -for their losses."--_Ib._ 262. - -House of Lords.--_February 17, 1783._ - -_Lord Shelburne._--"A part must be wounded, that the whole of the empire -may not perish. If better terms could be had, think you, my lords, -that I would not have embraced them? You all know my creed. You all -know my steadiness. If it were possible to put aside the bitter cup the -adversities of this country presented to me, you know I would have done -it; but you called for peace. I had 'but the alternative, either to accept -the terms (said Congress) of our recommendation to the States in favor of -the colonists, or continue the war. It is in our power to do _no more than -recommend_.' Is there any man who hears me, who will clap his hand on his -heart, and step forward and say, I ought to have broken off the treaty? -If there be, I am sure he neither knows the state of the country, nor -yet has he paid any attention to the wishes of it. But say the worst, and -that, after all, this estimable set of men are not received and cherished -in the bosom of their own country--is England so lost to gratitude, and -all the feelings of humanity, as not to afford them an asylum? Who can -be so base as to think she will refuse it to them? Surely it cannot be -that noble-minded man, who would plunge his country again knee deep in -blood, and saddle it with an expense of twenty millions, for the purpose -of restoring them. Without one drop of blood spilt, and without one-fifth -of the expense of one year's campaign, happiness and ease can be given -the loyalists in as ample a manner as these blessings were ever in their -enjoyment; therefore, let the outcry cease on this head."--_Ib._ 70, 71. - -_Lord Hawke._--"In America," said he, "Congress had engaged to recommend -their [the loyalists'] cause to the Legislatures of the country. What -other term could they adopt? He had searched the journals of Congress on -this subject; what other term did they, or do they ever adopt in their -requisitions to the different provinces? It is an undertaking on the -part of Congress; that body, like the King here, is the executive power -in America. Can the crown undertake for the two Houses of Parliament? -It can only recommend. He flattered himself that recommendation would be -attended with success; but, said he, state the case, that it will not, the -liberality of Great Britain is still open to them. Ministers had pledged -themselves to indemnify them; not only in the address now moved for, but -even in the last address, and in the speech from the throne." - -_Lord Walsingham._--"We had only the _recommendation_ of Congress to -trust to, and how often had their recommendations been fruitless? There -were many cases in point in which provincial assemblies had peremptorily -refused the recommendations of Congress. It was but the other day the -States refused money on the recommendations of Congress. Rhode Island -unanimously refused, when the Congress desired to be authorized to -lay a duty of five per cent. because the funds had failed. Many other -circumstances might be produced of the failure of the recommendations of -Congress, and therefore we ought not, in negotiating for the loyalists, to -have trusted to the recommendations of Congress. Nothing but the _repeal_ -of the acts existing against them ought to have sufficed, as nothing else -could give effect to the treaty; _repeal_ was not mentioned. They had only -stipulated to revise and reconsider them."--_11 Debrett's Parliamentary -Reg. 44._ - -_Lord Sackville._--"The King's ministers had weakly imagined that -the _recommendation_ of Congress was a sufficient security for these -unhappy men. For his own part, so far from believing that this would be -sufficient, or anything like sufficient, for their protection, he was of a -direct contrary opinion; and if they entertained any notions of this sort, -he would put an end to their idle hopes at once, by reading from a paper -in his pocket, a resolution, which the assembly of Virginia had come to, -so late as on the 17th of December last. The resolution was as follows: -'That all demands or requests of the British court for the restitution -of property, confiscated by this State, being neither supported by law, -equity, or policy, are wholly inadmissible; and that our delegates in -Congress be instructed to move Congress, that they may direct their -deputies, who shall represent these States in the general Congress, for -adjusting a peace or truce, neither to agree to any such restitution, -or submit that the laws made by any independent State in this Union, be -subjected to the adjudication of any power or powers on earth.'"--_Ib._ -_pages_ 62, 63. - -Some of the speakers seem to have had not very accurate ideas of our -government. All of them, however, have perfectly understood, that a -_recommendation_ was a matter, not of obligation or coercion, but of -persuasion and influence, merely. They appear to have entertained greater -or less degrees of hope or doubt, as to its effect on the Legislatures, -and though willing to see the result of this chance, yet, if it failed, -they were prepared to take the work of indemnification on themselves. - -Sec. 8. The agreement then being only that Congress should _recommend_ to -the State Legislatures a restitution of estates, and liberty to remain -a twelvemonth for the purpose of soliciting the restitution, and to -recommend a revision of all acts regarding the premises, Congress did, -immediately on the receipt of the definitive articles, to wit, on the -14th of January, 1784, come to the following resolution, viz: "Resolved -unanimously, nine States being present, that it be, and it is hereby, -earnestly recommended to the Legislatures of the respective States, to -provide for the restitution of all estates, rights, and properties, which -have been confiscated, belonging to real British subjects; and also, of -the estates, rights, and properties, of persons resident in districts -which were in the possession of his Britannic Majesty's arms, at any time -between the 30th day of November, 1782, and the 14th day of January, -1784, and who have not borne arms against the said United States; and -that persons of any other description shall have free liberty to go to any -part or parts of any of the thirteen United States, and therein to remain -twelve months, unmolested in their endeavors to obtain the restitution -of such of their estates, rights, and properties, as may have been -confiscated; and it is also hereby earnestly recommended to the several -States, to reconsider and revise all their acts or laws regarding the -premises, so as to render the said laws or acts perfectly consistent, not -only with justice and equity, but with that spirit of conciliation which, -on the return of the blessings of peace, should universally prevail; and -it is hereby also earnestly recommended to the several States, that the -estates, rights, and properties, of such last-mentioned persons should -be restored to them, they refunding to any persons who may be now in -possession, the _bona fide_ price (where any has been given) which such -persons may have paid, on purchasing any of the said lands, rights or -properties, since the confiscation. - -"Ordered, That a copy of the proclamation of this date, together with the -recommendation, be transmitted to the several States by the Secretary." - -Sec. 9. The British negotiators had been told by ours, that all the States -would refuse to comply with this recommendation; one only, however, -refused altogether. The others complied in a greater or less degree, -according to the circumstances and dispositions in which the events of -the war had left them; but, had all of them refused, it would have been -no violation of the 5th article, but an exercise of that freedom of will, -which was reserved to them, and so understood by all parties. - -The following are the acts of your catalogue which belong to this head, -with such short observations as are necessary to explain them; beginning -at that end of the Union, where, the war having raged most, we shall meet -with the most repugnance to favor: - -Sec. 10. _Georgia._--1783, July 29. An act releasing certain persons from -their bargains. A law had been passed during the war, to wit, in 1782, -[A. 30.] confiscating the estates of persons therein named, and directing -them to be sold; they were sold; but some misunderstanding happened to -prevail among the purchasers, as to the mode of payment. This act of -1783, therefore, permits such persons to relinquish their bargains, and -authorizes a new sale; the lands remaining confiscated under the law made -previous to the peace. - -1785, Feb. 22. An act to authorize the auditor to liquidate the demands -of such persons as have claims against the confiscated estates. In the -same law of confiscations made during the war, it had been provided -that the estates confiscated should be subject to pay the debts of their -former owner. This law of 1785, gave authority to the auditor to settle -with, and pay the creditors, and to sell the remaining part of the estate -confiscated as before. - -1787, Feb. 10. An act to compel the settlement of public accounts, for -inflicting penalties, and vesting the auditor with certain powers. This -law also is founded on the same confiscation law of 1782, requiring the -auditor to press the settlement with the creditors, &c. - -1785, Feb. 7. An act for ascertaining the rights of aliens, and pointing -out the mode for the admission of citizens. It first describes what -persons shall be free to become citizens, and then declares none shall -be capable of that character who had been named in any confiscation law, -or banished, or had borne arms against them. This act does not prohibit -either the refugees, or real British subjects, from coming into the State -to pursue their lawful affairs. It only excludes the former from the right -of citizenship, and it is to be observed, that this recommendatory article -does not say a word about giving them a right to become citizens. If the -conduct of Georgia should appear to have been peculiarly uncomplying, -it must be remembered that that State had peculiarly suffered; that the -British army had entirely overrun it; had held possession of it for some -years; and that all the inhabitants had been obliged either to abandon -their estates and fly their country, or to remain in it under a military -government. - -Sec. 11. _South Carolina._--1783, August 15th. An act to vest 180 acres of -land, late the property of James Holmes, in certain persons, in trust for -the benefit of a public school. These lands had been confiscated and sold -during the war. The present law prescribes certain proceedings as to the -purchasers, and provides for paying the debts of the former proprietors. - -1786, March 22. An act to amend the confiscation act, and for other -purposes therein mentioned. This relates only to estates which had been -confiscated before the peace. It makes some provision towards a final -settlement, and relieves a number of persons from the amercements which -had been imposed on them during the war, for the part they had taken. - -1784, March 26. An act restoring to certain persons their estates, and -permitting the said persons to return, and for other purposes. This act -recites, that certain estates had been confiscated, and the owners, 124 in -number, banished by former laws; that Congress had earnestly recommended -in the terms of the treaty--it therefore distributes them into three lists -or classes, restoring to all of them the lands themselves, where they -remained unsold, and the price, where sold, requiring from those in lists -No. 1, and 3, to pay 12 per cent. on the value of what was restored, and -No. 2, nothing; and it permits all of them to return, only disqualifying -those of No. 1 and 3, who had borne military commissions against them, -from holding any office for seven years. - -Governor Moultrie's letter of June 21, 1786, informs us, that most of the -confiscations had been restored; that the value of those not restored, -was far less than that of the property of their citizens carried off by -the British, and that fifteen, instead of twelve months, had been allowed -to the persons for whom permission was recommended to come and solicit -restitution. - -Sec. 12. _North Carolina._--1784, October. An act directing the sale of -confiscated property. - -1785, Dec. 29. An act to secure and quiet in their possessions, the -purchasers of lands, goods, &c., sold, or to be sold by the commissioners -of forfeited estates. These two acts relate expressly to property -"heretofore confiscated," and secure purchasers under those former -confiscations. - -1790. The case of Bayard _v._ Singleton, adjudged in a court of -judicature in North Carolina. Bayard was a purchaser of part of an estate -confiscated during the war, and the court adjudged his title valid; and -it is difficult to conceive on what principle that adjudication can be -complained of, as an infraction of the treaty. - -1785, Nov. 19. An act was passed to restore a confiscated estate to the -former proprietor, Edward Bridgen. - -1784, Oct. An act to describe and ascertain such persons as owed -allegiance to the State, and impose certain disqualifications on certain -persons therein named. - -1785, Nov. An act to amend the preceding act. - -1788, April. An act of pardon and oblivion. The two first of these acts -exercised the right of the State to describe who should be its citizens, -and who should be disqualified from holding offices. The last, entitled An -act of pardon and oblivion, I have not been able to see; but, so far as -it pardons, it is a compliance with the recommendation of Congress under -the treaty, and so far as it excepts persons out of the pardon, it is a -refusal to comply with the recommendation, which it had a right to do. -It does not appear that there has been any obstruction to the return of -those persons who had claims to prosecute. - -Sec. 13. _Virginia._--The catalogue under examination, presents no -act of this State subsequent to the treaty of peace, on the subject of -confiscations. By one of October 18, 1784, they declared there should -be no future confiscations. But they did not choose to comply with the -recommendation of Congress, as to the restoration of property which had -been already confiscated; with respect to persons, the first assembly -which met after the peace, passed-- - -1783, October, The act prohibiting the migration of certain persons to -this commonwealth, and for other purposes therein mentioned, which was -afterwards amended by, - -1786, October, An act to explain and amend the preceding. These acts, -after declaring who shall not have a right to migrate to, or become -citizens of, the State, have each an express proviso, that _nothing -contained in them shall be so construed as to contravene the treaty of -peace with Great Britain_; and a great number of the refugees having -come into the State, under the protection of the first law, and it being -understood that a party was forming in the State to ill-treat them, the -Governor, July 26, 1784, published the proclamation, No. 14, enjoining -all magistrates and other civil officers, to protect them, and secure to -them the rights derived from the treaty, and acts of assembly aforesaid, -and to bring to punishment all who should offend herein, in consequence -of which, those persons remained quietly in the State; and many of them -have remained to this day. - -Sec. 14. _Maryland._--1785, Nov. An act to vest certain powers in the -Governor and council. Sec. 3; - -1788. Nov. An act to empower the Governor and council to compound with the -discoveries of British property and for other purposes. These acts relate -purely to property which had been confiscated during the war; and the -State not choosing to restore it, as recommended by Congress, passed them -for bringing to a conclusion the settlement of all transactions relative -to the confiscated property. - -I do not find any law of this State, which could prohibit the free return -of their refugees, or the reception of the subjects of Great Britain, or -of any other country. And I find that they passed, in - -1786, Nov. An act to repeal that part of the act for the security of their -government, which disqualified non-jurors from holding offices, and voting -at elections. - -1790. The ease of Harrison's representatives in the court of chancery -of Maryland, is in the list of infractions. These representatives being -British subjects, and the laws of this country, like those of England, -not permitting aliens to hold lands, the question was, whether British -subjects were aliens. They decided that they were; consequently, that they -could not take lands; and consequently, also, that the lands in this case -escheated to the State. Whereupon, the Legislature immediately interposed, -and passed a special act, allowing the benefits of the succession to the -representatives. But had they not relieved them, the case would not have -come under the treaty; for there is no stipulation in that doing away the -laws of alienage, and enabling the members of each nation to inherit or -hold lands in the other. - -Sec. 15. _Delaware._--This State, in the year 1778, passed an act of -confiscation against forty-six citizens, by name, who had joined in arms -against them, unless they should come in by a given day, and stand their -trial. The estates of those who did not, were sold, and the whole business -soon closed. They never passed any other act on the subject, either before -or after the peace. There was no restitution, because there was nothing to -restore, their debts having more than exhausted the proceeds of the sales -of their property, as appears by Mr. Read's letter, and that all persons -were permitted to return, and such as chose it, have remained there in -quiet to this day. - -Sec. 16. _Pennsylvania._--The catalogue furnishes no transaction of this -State subsequent to the arrival of the treaty of peace, on the subject -of confiscation, except 1790, August. An order of the executive council -to sell part of Harry Gordon's real estate, under the act of January 31, -1783. This person had been summoned by proclamation, by the name of Henry -Gordon, to appear before the first day of November, 1781, and failing, -his estate was seized by the commissioners of forfeitures, and most of -it sold. The act of 1783, January 31, cured the misnomer, and directed -what remained of his estate to be sold. The confiscation being complete, -it was for them to say whether they would restore it, in compliance with -the recommendation of Congress. They did not, and the executive completed -the sale, as they were bound to do. All persons were permitted to return -to this State, and you see many of them living here to this day in quiet -and esteem. - -Sec. 17. _New Jersey._--The only act alleged against this State, as to -the recommendatory article, is, - -1783, December 23, An act to appropriate certain forfeited estates. This -was the estate of John Zabriski, which had been forfeited during the war, -and the act gives it to Major-General Baron Steuben, in reward for his -services. The confiscation being complete, the Legislature were free to -do this. Governor Livingston's letter is an additional testimony of the -moderation of this State, after the proclamation of peace, and from that -we have a right to conclude, that no persons were prevented from returning -and remaining indefinitely. - -Sec. 18. _New York._--This State had been among the first invaded; the -greatest part of it had been possessed by the enemy through the war; it -was the last evacuated; its inhabitants had in great numbers been driven -off their farms; their property wasted, and themselves living in exile and -penury, and reduced from affluence to want, it is not to be wondered at, -if their sensations were among the most lively; accordingly, they, in the -very first moment, gave a flat refusal to the recommendation, as to the -restoration of property. See document No. 17, containing their reasons. -They passed, however, 1784, May 12, the act to preserve the freedom and -independence of this State, and for other purposes therein mentioned, -in which, after disqualifying refugees from offices, they permit them to -come, and remain as long as may be absolutely necessary to defend their -estates. - -Sec. 19. _Connecticut._--A single act only on the same subject is alleged -against this State, after the treaty of peace. This was - -1790, An act directing certain confiscated estates to be sold. The title -shows they were old confiscations, not new ones, and Governor Huntington's -letter informs us, that all confiscations and prosecutions were stopped on -the peace; that some restorations of property took place, and all persons -were free to return. - -Sec. 20. _Rhode Island._--The titles of four acts of this State are cited -in your Appendix, to wit: - -1783, May 27, An act to send out of the State N. Spink and I. Underwood, -who had formerly joined the enemy, and were returned to Rhode Island. - -1783, June 8, An act to send William Young, theretofore banished out of -the State, and forbidden to return at his peril. - -1783, June 12, An act allowing William Brenton, late an absentee, to visit -his family for one week, then sent away, not to return. - -1783, October, An act to banish S. Knowles (whose estate had been -forfeited), on pain of death if he return. Mr. Channing, the attorney of -the United States for that district, says, in his letter, "he had sent -me all the acts of that Legislature, that affect either the debts, or the -persons of British subjects, or American refugees." The acts above cited -are not among them. In the answer of April 6, which you were pleased to -give to mine of March 30, desiring copies of these, among other papers, -you say the book is no longer in your possession. These circumstances -will, I hope, excuse my not answering or admitting these acts, and justify -my proceeding to observe, that nothing is produced against this State on -the subject, after the treaty; and the district attorney's letter, before -cited, informs us, that their courts considered the treaty as paramount -to the laws of the State, and decided accordingly, both as to persons -and property, and that the estates of all British subjects, seized by -the State, had been restored, and the rents and profits accounted for. -Governor Collins' letter, No. 20, is a further evidence of the compliance -of this State. - -Sec. 21. _Massachusetts._--1784, March 24. This State passed an act for -repealing two laws of this State, and for asserting the right of this free -and sovereign commonwealth to expel such aliens as may be dangerous to the -peace and good order of government, the effect of which was to reject the -recommendation of Congress, as to the return of persons, but to restore to -them such of their lands as were not confiscated, unless they were pledged -for debt; and by-- - -1784, November 10, An act in addition to an act for repealing two laws of -this State, they allowed them to redeem their lands pledged for debt, by -paying the debt. - -Sec. 22. _New Hampshire._--Against New Hampshire nothing is alleged; that -State having not been invaded at all, was not induced to exercise any acts -of right against the subjects or adherents of their enemies. - -The acts, then, which have been complained of as violations of the 5th -article, were such as the States were free to pass, notwithstanding the -recommendation; such as it was well understood they would be free to pass -without any imputation of infraction, and may therefore be put entirely -out of question. - -Sec. 23. And we may further observe, with respect to the same acts, that -they have been considered as infractions not only of the 5th article, -which recommended the restoration of the confiscations which _had taken -place during the war_, but also of that part of the 6th article which -forbade _future_ confiscations. But not one of them touched an estate -which had not been before confiscated; for you will observe, that an act -of the Legislature, confiscating lands, stands in place of _an office -found_ in ordinary cases; and that, _on the passage of the act_, as _on -the finding of the office_, the State stands, _ipso facto_, possessed -of the lands, without a formal entry. The confiscation then is complete -by the passage of the act. Both the title and possession being divested -out of the former proprietor, and vested in the State, no subsequent -proceedings relative to the lands are acts of confiscation, but are mere -exercises of ownership, whether by levying profits, conveying for a time, -by lease, or in perpetuo, by an absolute deed. I believe, therefore, it -may be said with truth, that there was not a single confiscation made -in any one of the United States, after notification of the treaty; and, -consequently, it will not be necessary to notice again this part of the -6th article. - -Sec. 24. Before quitting the recommendatory article, two passages in the -letter are to be noted, which, applying to all the States in general, -could not have been properly answered under any one of them in particular. -In page 16 is the following passage: "The express provision in the treaty, -for the restitution of the estates and properties of persons of both these -descriptions [British subjects and Americans who had stayed within the -British lines, but had not borne arms] certainly comprehended a virtual -acquiescence in their right to reside where their property was situated, -and to be restored to the privileges of citizenship." Here seems to be a -double error, first in supposing an express provision, whereas the words -of the article, and the collateral testimony adduced, have shown that -the provision was neither _express_, nor meant to be so. And secondly, in -inferring, from a restitution of the estate, a virtual acquiescence in the -right of the party to reside where the estate is. Nothing is more frequent -than for a sovereign to banish the person, and leave him possessed of his -estate. The inference in the present case, too, is contradicted, as to -the _refugees_, by the recommendation to permit their residence twelve -months; and as to British subjects, by the silence of the article, and the -improbability that the British plenipotentiary meant to stipulate a right -for British subjects to emigrate and become members of another community. - -Sec. 25. Again, in page 34, it is said, "The nation of Great Britain has -been involved in the payment to them of no less a sum than four millions -sterling, as a partial compensation for the losses they had sustained." -It has been before proved, that Mr. Oswald understood perfectly, that -no indemnification was claimable from us; that, on the contrary, we had -a counter claim of indemnification to much larger amount. It has been -supposed, and not without grounds, that the glimmering of hope, provided -by the recommendatory article, was to quiet, for the present, the clamors -of the sufferers, and to keep their weight out of the scale of opposition -to the peace, trusting to time and events for an oblivion of these claims, -or a gradual ripening of the public mind to meet and satisfy them at a -moment of less embarrassment: the latter is the turn which the thing took. -The claimants continued their importunities, and the Government determined -at length to indemnify them for their losses; and, open-handedly as they -went to work, it cost them less than to have settled with us the just -account of mutual indemnification urged by our commissioners. It may be -well doubted, whether there were not single States of our Union to which -the four millions you have paid would have been no indemnification for -the losses of property sustained contrary even to the laws of war; and -what sum would have indemnified the whole thirteen, and, consequently, -to what sum our whole losses of this description have amounted, would be -difficult to say. However, though in nowise interested in the sums you -thought proper to give to the refugees, we could not be inattentive to -the measure in which they were dealt out. Those who were on the spot, -and who knew intimately the state of affairs with the individuals of this -description, who knew that their debts often exceeded their possessions, -insomuch that the most faithful administration made them pay but a few -shillings in the pound, heard with wonder of the sums given, and could not -but conclude, that those largesses were meant for something more than loss -of property--that services and other circumstances must have had great -influence. The sum paid is therefore no imputation on us. We have borne -our own losses. We have even lessened yours, by numerous restitutions, -where circumstances admitted them; and we have much the worst of the -bargain by the alternative you choose to accept, of indemnifying your own -sufferers, rather than ours. - -Sec. 26. II. The article of debts is next in order; but to place on their -true grounds our proceedings relative to them, it will be necessary to -take a view of the British proceedings, which are the subject of complaint -in my letter of December 15. - -In the 7th article, it was stipulated, that his Britannic Majesty should -withdraw his armies, garrisons, and fleets, without carrying away any -negroes, or other property of the American inhabitants. This stipulation -was known to the British commanding officers, before the 19th of March, -1783, as _provisionally_ agreed; and on the 5th of April they received -official notice from their court of the conclusion and ratification of -the preliminary articles between France, Spain, and Great Britain, which -gave activity to ours, as appears by the letter of Sir Guy Carleton to -General Washington, dated April 6, 1783. Document No. 21. From this time, -then, surely, no negroes could be carried away without a violation of the -treaty. Yet we find that, so early as May 6, a _large_ number of them -had already been embarked for Nova Scotia, of which, as contrary to an -express stipulation in the treaty, General Washington declared to him his -sense and surprise. In the letter of Sir Guy Carleton of May 12 (annexed -to mine to you of the 15th of December), he admits the fact; palliates it -by saying he had no right to deprive the negroes of that liberty he found -them _possessed_ of; that it was unfriendly to suppose that the King's -minister could stipulate to be guilty of a notorious breach of the public -faith towards the negroes; and that, _if it was his intention, it must be -adjusted by compensation_, restoration being utterly impracticable, where -inseparable from a breach of public faith. But surely, sir, an officer -of the King is not to question the validity of the King's engagements, -nor violate his solemn treaties, on his own scruples about the public -faith. Under this pretext, however, General Carleton went on in daily -infractions, embarking, from time to time, between his notice of the -treaty and the 5th of April, and the evacuation of New York, November -25, 3,000 negroes, of whom our commissioners had inspection, and a very -large number more, in public and private vessels, of whom they were not -permitted to have inspection. Here, then, was a direct, unequivocal and -avowed violation of this part of the 7th article, in the first moments -of its being known; an article which had been of extreme solicitude on -our part, on the fulfilment of which depended the means of paying debts, -in proportion to the number of laborers withdrawn; and when, in the very -act of violation, we warn, and put the commanding officer on his guard, -he says, directly, he will go through with the act, and leave it to his -court to adjust it by compensation. - -Sec. 27. By the same article, his Britannic Majesty stipulates, that he -will, _with all convenient speed_, withdraw his garrisons from _every_ -post within the United States. "When no precise term," says a writer -on the Law of Nations [Vattel, 1. 4. c. 26.], "has been marked for the -accomplishment of a treaty, and for the execution of each of its articles, -good sense determines that every point should be executed _as soon as -possible_. This is, without doubt, what was understood."[11] The term -in the treaty, _with all convenient speed_, amounts to the same thing, -and clearly excludes all unnecessary delay. The general pacification -being signed on the 20th of January, some time would be requisite for the -orders for evacuation to come over to America, for the removal of stores, -property, and persons, and finally for the act of evacuation. The larger -the post, the longer the time necessary to remove all its contents; the -smaller, the sooner done. Hence, though General Carleton received his -orders to evacuate New York in the month of April, the evacuation was -not completed till late in November. It had been the principal place of -arms and stores; the seat, as it were, of their general government, and -the asylum of those who had fled to them. A great quantity of shipping -was necessary, therefore, for the removal, and the General was obliged to -call for a part from foreign countries. These causes of delay were duly -respected on our part. But the posts of Michillimackinac,[12] Detroit, -Niagara, Oswego, Oswegatchie, Point-au-Fer, Dutchman's Point, were not of -this magnitude. The orders for evacuation, which reached General Carleton, -in New York, early in April, might have gone, in one month more, to the -most remote of these posts. Some of them might have been evacuated in a -few days after, and the largest in a few weeks. Certainly they might all -have been delivered, without any _inconvenient speed_ in the operations, -by the end of May, from the known facility furnished by the lakes, and -the water connecting them; or by crossing immediately over into their -own territory, and availing themselves of the season for making new -establishments there, if that was intended. Or whatever time might, in -event, have been necessary for their evacuation, certainly the order for -it should have been given from England, and might have been given as early -as that from New York. Was any order ever given? Would not an _unnecessary -delay_ of the order, producing an equal delay in the evacuation, be an -infraction of the treaty? Let us investigate this matter. - -On the 3d of August, 1783, Major-General Baron Steuben, by orders from -General Washington, having repaired to Canada for this purpose, wrote the -letter No. 22 to General Haldimand, Governor of the province, and received -from him the answer of August 13, No. 23. Wherein he says, "The orders I -have received, direct a discontinuance of every hostile measure _only_," -&c. And in his conference with Baron Steuben, he says expressly, "That -he _had not received any orders_ for making the least arrangements for -the evacuation of a single post." The orders, then, which might have been -with him by the last of April, were unknown, if they existed, the middle -of August. See Baron Steuben's letter, No. 24. - -Again, on the 19th of March, 1784, Governor Clinton, of New York, within -the limits of which State some of these posts are, writes to General -Haldimand, the letter No. 25; and that General, answering him, May 10, -from Quebec, says, "Not having had the honor _to receive orders_ and -instructions relative to withdrawing the garrisons," &c.; fourteen months -were now elapsed, and the _orders not yet received_, which might have been -received in four. - -Again, on the 12th of July, Colonel Hull, by order from General Knox, -the Secretary of War, writes to General Haldimand, the letter No. 27; -and General Haldimand gives the answer of the 13th, No. 28, wherein -he says, "Though I am now informed, by his Majesty's ministers, of the -ratification, &c., I remain, &c., _not having received any orders_ to -evacuate the posts which are without the limits," &c. And this is eighteen -months after the signature of the general pacification! Now, is it not -fair to conclude, if the order was not arrived on the 13th of August, -1783, if it was not arrived on the 10th of May, 1784, nor yet on the -13th of July, in the same year, that, in truth, the order had never been -given? and if it had never been given, may we not conclude that it never -had been intended to be given? From what moment is it we are to date -this infraction? From that, at which, with convenient speed, the order to -evacuate the upper posts might have been given. No legitimate reason can -be assigned, why that order might not have been given as early, and at -the same time, as the order to evacuate New York; and _all delay, after -this, was in contravention of the treaty_. - -Sec. 28. Was this delay merely innocent and unimportant to us, setting -aside all considerations but of interest and safety? 1. It cut us off from -the fur-trade, which before the war had been always of great importance -as a branch of commerce, and as a source of remittance for the payment -of our debts to Great Britain; for the injury of withholding our posts, -they added the obstruction of all passage along the lakes and their -communications. 2. It secluded us from connection with the northwestern -Indians, from all opportunity of keeping up with them friendly and -neighborly intercourse, brought on us consequently, from their known -dispositions, constant and expensive war, in which numbers of men, -women, and children, have been, and still are, daily falling victims -to the scalping knife, and to which there will be no period, but in our -possession of the posts which command their country. - -It may safely be said, then, that the treaty was violated in England, -before it was known in America, and in America, as soon as it was known, -and that too, in points so essential, as that, without them, it would -never have been concluded. - -Sec. 29. And what was the effect of these infractions on the American -mind? On the breach of any article of a treaty by the one party, the -other has its election to declare it dissolved in all its articles, or to -compensate itself by withholding execution of equivalent articles; or to -waive notice of the breach altogether. - -Congress being informed that the British commanding officer was carrying -away the negroes from New York, in avowed violation of the treaty, and -against the repeated remonstrances of General Washington, they take up -the subject on the 26th of May, 1783; they declare that it is contrary -to the treaty; direct that the proper papers be sent to their ministers -plenipotentiary in Europe to remonstrate, and demand reparation, and -that, in the meantime, General Washington continue his remonstrances to -the British commanding officer, and insist on the discontinuance of the -measure. See document No. 29. - -Sec. 30. The State of Virginia, materially affected by this infraction, -because the laborers thus carried away were chiefly from thence, while -heavy debts were now to be paid to the very nation which was depriving -them of the means, took up the subject in December, 1783, that is to say, -seven months after that particular infraction, and four months after the -first refusal to deliver up the posts, and instead of arresting the debts -absolutely, in reprisal for their negroes carried away, they passed [D. -5.] the act to revive and continue the several acts for suspending the -issuing executions on certain judgments until December, 1783, that is to -say, they revived, till their next meeting, two acts passed during the -war, which suspended all _voluntary and fraudulent_ assignments of debt, -and as to _others_, allowed real and personal estate to be tendered in -discharge of executions; the effect of which was to relieve the body -of the debtor from prison, by authorizing him to deliver property in -discharge of the debt. In June following, thirteen months after the -violation last mentioned, and after a second refusal by the British -commanding officer to deliver up the posts, they came to the resolution -No. 30, reciting specially the infraction respecting their negroes, -instructing their delegates in Congress to press for reparation; and -resolving, that the courts shall be opened to British suits, as soon as -_reparation shall be made_, or otherwise, _as soon as Congress shall judge -it indispensably necessary_. And in 1787, they passed [C. 7.] the act to -repeal so much of all and every act or acts of assembly, as prohibits the -recovery of British debts; and, at the same time [E. 6.] the act to repeal -part of an act for the protection and encouragement of the commerce of -nations acknowledging the independence of the United States of America. -The former was not to be in force till the evacuation of the posts, and -reparation for the negroes carried away. The latter requires particular -explanation. The small supplies of European goods, which reached us during -the war, were frequently brought by captains of vessels and supercargoes, -who, as soon as they had sold their goods, were to return to Europe with -their vessels. To persons under such circumstances, it was necessary to -give a summary remedy for the recovery of the proceeds of their sale. -This had been done by the law for the protection and encouragement of the -commerce of nations acknowledging the independence of the United States, -which was meant but as a temporary thing, to continue while the same -circumstances continued. On the return of peace, the supplies of foreign -goods were made, as before the war, by merchants resident here. There was -no longer reason to continue to them the summary remedy, which had been -provided for the transient vender of goods. And, indeed, it would have -been unequal to have given the resident merchant instantaneous judgment -against a farmer or tradesman, while the farmer or tradesman, could pursue -those who owed him money but in the ordinary way, and with the ordinary -delay. The British creditor had no such unequal privilege while we were -under British government, and had no title to it, in justice, or by the -treaty, after the war. When the Legislature proceeded, then, to repeal -the law, as to other nations, it would have been extraordinary to have -continued it for Great Britain. - -Sec. 31. South Carolina was the second State which moved in consequence -of the British infractions, urged thereto by the desolated condition in -which their armies had left that country, by the debts they owed, and the -almost entire destruction of the means of paying them. They passed [D. -7. 20.] 1784, March 26th, an ordinance respecting the recovery of debts, -suspending the recovery of all actions, as well American as British, for -nine months, and then allowing them to recover payment at four equal and -annual instalments only, requiring the debtor in the meantime, to give -good security for his debt, or otherwise refusing him the benefit of the -act, by-- - -[D. 21.] 1787, March 28, An act to regulate the recovery and payment of -debts, and prohibiting the importation of negroes, they extended the -instalments, a year further in a very few cases. I have not been able -to procure the two following acts [D. 14.] 1785, October 12th, An act -for regulating sales under executions, and for other purposes therein -mentioned; and - -[D. 22.] 1788, Nov. 4, An act to regulate the payment and recovery of -debts, and to prohibit the importation of negroes for the time therein -limited; and I know nothing of their effect, or their existence, but -from your letter, which says, their effect was to deliver property in -execution, in relief of the body of the debtor, and still further to -postpone the instalments. If, during the existence of material infractions -on the part of Great Britain, it were necessary to apologize for these -modifications of the proceedings of the debtor, grounds might be found -in the peculiar distresses of that State, and the liberality with which -they had complied with the recommendatory articles, notwithstanding -their sufferings might have inspired other dispositions, having pardoned -everybody, received everybody, restored all confiscated lands not sold, -and the prices of those sold. - -Sec. 32. Rhode Island next acted on the British infractions, and imposed -modifications in favor of such debtors as should be pursued by their -creditors, permitting them to relieve their bodies from execution by the -payment of paper money, or delivery of property. This was the effect of -[D. 12.] 1786, March, An act to enable any debtor in jail, on execution -at the suit of any creditor, to tender real, or certain specified articles -of personal estate; and - -[D. 16.] 1786, May, An act making paper money a legal tender. But observe, -that this was not till _three years_ after the infractions by Great -Britain, and repeated and constant refusals of compliance on their part. - -Sec. 33. New Jersey did the same thing, by-- - -[D. 13.] 1786, March 23, An act to direct the modes of proceedings on -writs on _fieri facias_, and for transferring lands and chattels for -payment of debts; and - -[D. 18.] 1786, May 26, An act for striking, and making current £100,000 -in bills of credit, to be let out on loan; and - -[D. 17.] 1786, June 1, An act for making bills, emitted by the act for -raising a revenue of £31,259 5_s._ per annum, for twenty-five years, a -legal tender; and - -Sec. 34. Georgia, by [D. 19.] 1786, August 14, An act for emitting the -sum of £50,000 in bills of credit, and for establishing a fund for the -redemption, and for other purposes therein mentioned, made paper money -also a legal tender. - -These are the only States which appear, by the acts cited in your letter, -to have modified the recovery of debts. But I believe that North Carolina -also emitted a sum of paper money and made it a tender in discharge of -executions; though, not having seen the act, I cannot affirm it with -certainty. I have not mentioned, because I do not view the act of Maryland -[D. 15.] 1786, Nov. c. 29, for the settlement of public accounts, &c., as -a modification of the recovery of debts. It obliged the British subject, -before he could recover what was due to him within the State, to give -bond for the payment of what he owed therein. It is reasonable that every -one, who asks justice, should do justice; and it is usual to consider the -property of a foreigner, in any country, as a fund appropriated to the -payment of what he owes in that country, exclusively. It is a care which -most nations take of their own citizens, not to let the property, which -is to answer their demands, be withdrawn from its jurisdiction, and send -them to seek it in foreign countries, and before foreign tribunals. - -Sec. 35. With respect to the obstacles thus opposed to the British -creditor, besides their general justification, as being produced by the -previous infractions on the part of Great Britain, each of them admits of -a special apology. They are, 1st. Delay of judgment; 2d. Liberating the -body from execution, on the delivery of property; 3d. Admitting executions -to be discharged in paper money. As to the 1st, let it be considered, -that, from the nature of the commerce carried on between these States -and Great Britain, they were generally kept in debt; that a great part -of the country, and most particularly Georgia, South Carolina, North -Carolina, Virginia, New York, and Rhode Island, had been ravaged by an -enemy, movable property carried off, houses burnt, lands abandoned, the -proprietors forced off into exile and poverty. When the peace permitted -them to return again to their lands, naked and desolate as they were, -was instant payment practicable? The contrary was so palpable, that the -British creditors themselves were sensible that, were they to rush to -judgment immediately against their debtors, it would involve the debtor -in total ruin, without relieving the creditor. It is a fact, for which -we may appeal to the knowledge of one member at least of the British -administration of 1783, that the chairman of the North American merchants, -conferring on behalf of those merchants with the American ministers -then in London, was so sensible that time was necessary as well to save -the creditor as debtor, that he declared there would not be a moment's -hesitation, on the part of the creditors, to allow payment by instalments -annually for seven years, and that this arrangement was not made, was -neither his fault nor ours. - -To the necessities for some delay in the payment of debts may be added -the British commercial regulations, lessening our means of payment, by -prohibiting us from carrying in our own bottoms our own produce to their -dominions in our neighborhood, and excluding valuable branches of it from -their home markets by prohibitory duties. The means of payment constitute -one of the motives to purchase, at the moment of purchasing. If these -means are taken away, by the creditor himself, he ought not in conscience -to complain of a mere retardation of his debt, which is the effect of his -own act, and the least injurious to those it is capable of producing. The -instalment acts before enumerated have been much less general, and for -a shorter term than what the chairman of the American merchants thought -reasonable. Most of them required the debtor to give security, in the -meantime, to his creditor, and provided complete indemnification of the -delay by the payment of interest, which was enjoined in every case. - -Sec. 36. The second species of obstacle was the admitting the debtor to -relieve his body from imprisonment, by the delivery of lands or goods to -his creditor. And is this idea original, and peculiar to us? or whence -have we taken it? From England, from Europe, from natural right and -reason. For it may be safely affirmed, that neither natural right nor -reason subjects the body of a man to restraint for debt. It is one of -the abuses introduced by commerce and credit, and which even the most -commercial nations have been obliged to relax, in certain cases. The -Roman law, the principles of which are the nearest to natural reason of -those of any municipal code hitherto known, allowed imprisonment of the -body in criminal cases only, or those wherein the party had expressly -submitted himself to it. The French laws allow it only in criminal or -commercial cases. The laws of England, in certain descriptions of cases -(as bankruptcy) release the body. Many of the United States do the -same in all cases, on a cession of property by the debtor. The _levari -facias_, an execution affording only the _profits of lands_, is the -only one allowed in England, in certain cases. The _elegit_, another -execution of that and this country, attaches first on a man's chattels, -which are not to be sold, but to be _delivered to the plaintiff_, on a -_reasonable appraisement_, in part of satisfaction for his debt, and if -not sufficient, one half only of his lands are then to be delivered to the -plaintiff, till the _profits_ shall have satisfied him. The tender laws of -these States were generally more favorable than the execution by _elegit_, -because they not only gave, as that does, the whole property in chattels, -but also _the whole property_ in the lands, and not merely the _profits_ -of them. It is, therefore, an execution framed on the model of the English -_elegit_, or rather an amendment of that writ, taking away, indeed, the -election of the party against the _body_ of his debtor, but giving him, -in exchange for it, much more complete remedy against his _lands_. Let it -be observed, too, that this proceeding was allowed against citizens, as -well as foreigners; and it may be questioned, whether the treaty is not -satisfied, while the same measure is dealt out to British subjects, as to -foreigners of all other nations, and to natives themselves. For it would -seem, that all a friend can expect, is to be treated as a native citizen. - -Sec. 37. The third obstacle was the allowing paper money to be paid for -goods sold under execution. The complaint on this head is only against -Georgia, South Carolina, Jersey, and Rhode Island; and this obstruction, -like the two others, sprung out of the peculiar nature of the war; for -those will form very false conclusions, who reason, as to this war, from -the circumstances which have attended other wars, and other nations. When -any nation of Europe is attacked by another, it has neighbors, with whom -its accustomary commerce goes on, without interruption; and its commerce -with more distant nations is carried on by sea, in foreign bottoms, at -least under protection of the laws of neutrality. The produce of its soil -can be exchanged for money, as usual, and the stock of that medium of -circulation is not at all diminished by war; so that property sells as -readily and as well, for real money, at the close, as at the commencement -of the war. But how different was our case: on the north and south, were -our enemies; on the west, deserts inhabited by savages in league with -them; on the east, an ocean of one thousand leagues, beyond which, indeed, -were nations, who might have purchased the produce of our soil, and have -given us real money in exchange, and thus kept up our stock of money, but -who were deterred from coming to us by threats of war on the part of our -enemies, if they should presume to consider us as a people, entitled to -partake the benefit of that law of war, which allows commerce with neutral -nations. What were the consequences? The stock of hard money, which we -possessed in an ample degree, at the beginning of the war, soon flowed -into Europe for supplies of arms, ammunition, and other necessaries, which -we were not in the habit of manufacturing for ourselves. The produce of -our soil, attempted to be carried in our own bottoms to Europe, fell, -two-thirds of it, into the hands of our enemies, who were masters of the -sea; the other third illy sufficed to procure the necessary implements -of war; so that no returns of money supplied the place of that which had -gone off. We were reduced, then, to the resource of a paper medium, and -that completed the exile of the hard money; so that, in the latter stages -of the war, we were, for years together, without seeing a single coin of -the precious metals in circulation. It was closed with a stipulation that -we should pay a large mass of debt, in such coin. If the whole soil of -the United States had been offered for sale for ready coin, it would not -have raised as much as would have satisfied this stipulation. The thing, -then, was impossible, and reason and authority declare, "Si l'empêchement -est reel, il faut donner du tems; car nul n'est tenu a l'impossible."[13] -Vattel, l. 4, s. 51. We should, with confidence, have referred the -case to the arbiter proposed by another jurist, who lays it down that a -party, "Non ultra obligari, quam in quantum facere potest; et an possit, -permittendum alterius principis, quo boni viri arbitrio."[14] Bynk. Q. -J. P. l. 2, c. 10. That four of the States should resort, under such -circumstances, to very small emissions of paper money, is not wonderful; -that all did not, proves their firmness under sufferance, and that they -were disposed to bear whatever could be borne, rather than contravene, -even by way of equivalent, stipulations which had been authoritatively -entered into for them. And even in the four States, which emitted paper -money, it was in such small sums, and so secured, as to suffer only a -short-lived, and not great depreciation of value; nor did they continue -its quality as a tender, after the first paroxysms of distress were over. -Here, too, it is to be observed, that natives were to receive this species -of payment, equally with British subjects. - -So that, when it is considered, that the other party had broken the -treaty, from the beginning, and that, too, in points which lessened -our ability to pay their debts, it was a proof of the moderation of our -nation, to make no other use of the opportunity of retaliation presented -to them, than to indulge the debtors with that time for discharging their -debts, which their distresses called for, and the interests and the reason -of their creditors approved. - -Sec. 38. It is to be observed, that, during all this time, Congress, -who alone possessed the power of peace and war, of making treaties, and, -consequently, of declaring their infractions, had abstained from every -public declaration, and had confined itself to the resolution of May 26th, -1783, and to repeated efforts, through their minister plenipotentiary at -the court of London, to lead that court into a compliance on their part, -and reparation of the breach they had committed. But the other party now -laid hold of those very proceedings of our States, which their previous -infractions had produced, as a ground for further refusal; and inverting -the natural order of cause and effect, alleged that these proceedings -of ours were the causes of the infractions, which they had committed -months and years before. Thus the British minister for foreign affairs, -in his answer of February 28th, 1786, to Mr. Adams' memorial, says, "The -engagements entered into by treaty ought to be mutual, and equally binding -on the respective contracting parties. It would, therefore, be the height -of folly, as well as injustice, to suppose one party alone obliged to a -strict observance of the public faith, while the other might remain free -to deviate from its own engagements, as often as convenience might render -such deviation necessary, though at the expense of its own national credit -and importance; I flatter myself, however, Sir, that justice will speedily -be done to British creditors; and I can assure you, Sir, that whenever -America shall manifest a real intention to fulfil her part of the treaty, -Great Britain will not hesitate to prove her sincerity to co-operate in -whatever points depend upon her, for carrying every article of it into -real and complete effect." Facts will furnish the best commentary on this -letter. Let us pursue them. - -The Secretary for Foreign Affairs of the United States, by order of -Congress, immediately wrote circular letters to the Governors of the -several States, dated May 3, 1786, No. 31, to obtain information how far -they had complied with the proclamation of January 14th, 1784, and the -recommendation accompanying it; and April 13, 1787, Congress, desirous -of removing every pretext which might continue to cloak the inexecution -of the treaty, wrote a circular letter to the several States, in which, -in order to produce more surely the effect desired, they demonstrate that -Congress alone possess the right of interpreting, restraining, impeding, -or counteracting the operation and execution of treaties, which, on -being constitutionally made, become, by the confederation, a part of the -law of the land, and, as such, independent of the will and power of the -Legislatures; that, in this point of view, the State acts, establishing -provisions relative to the same objects, and incompatible with it, must be -improper; resolving that all such acts now existing ought to be forthwith -repealed, as well to prevent their continuing to be regarded as violations -of the treaty, as to avoid the disagreeable necessity of discussing -their validity; recommending, in order to obviate all future disputes and -questions, that every State, as well those which had passed no such acts -as those which had, should pass an act, repealing, in general terms, all -acts and parts of acts repugnant to the treaty; and encouraging them to -do this, by informing them that they had the strongest assurances that -an exact compliance with the treaty on our part, would be followed by a -punctual performance of it on the part of Great Britain. - -Sec. 39. In consequence of these letters, New Hampshire, Massachusetts, -Rhode Island, Connecticut, New York, Delaware, Maryland, Virginia, and -North Carolina, passed the acts Nos. 32, 33, 34, 35, 36, 37, 38, 39, -40. New Jersey and Pennsylvania declared that no law existed with them -repugnant to the treaty--see documents Nos. 41, 42, 43. Georgia had no law -existing against the treaty. South Carolina, indeed, had a law existing, -which subjected all persons, foreign or native, No. 44, to certain -modifications of recovery and payment. But the liberality of her conduct -on the other points is a proof she would have conformed in this also, had -it appeared that the fullest conformity would have moved Great Britain to -compliance, and had an express repeal been really necessary. - -Sec. 40. For indeed all this was supererogation. It resulted from the -instrument of confederation among the States, that treaties made by -Congress, according to the confederation, were superior to the laws of the -States. The circular letter of Congress had declared and demonstrated it, -and the several States, by their acts and explanations before mentioned, -had shown it to be their own sense, as we may safely affirm it to have -been the general sense of those, at least, who were of the profession of -the law. Besides the proof of this, drawn from the act of confederation -itself, the declaration of Congress, and the acts of the States before -mentioned, the same principle will be found acknowledged in several of -the documents hereto annexed for other purposes. Thus, in Rhode Island, -Governor Collins, in his letter, No. 20, says, "The treaty, in all _its -absolute parts_, has been fully complied with, and to those parts that are -merely _recommendatory_ and _depend upon the legislative discretion_, the -most candid attention hath been paid." Plainly implying that the _absolute -parts_ did not _depend upon the legislative discretion_. Mr. Channing, -the attorney for the United States in that State, No. 19, speaking of -an act passed before the treaty, says, "This act was considered by -our courts as _annulled by the treaty of peace_, and subsequent to -the ratification thereof no proceedings have been had thereon." The -Governor of Connecticut, in his letter, No 18, says, "The sixth article -of the treaty was immediately observed on receiving the same with the -proclamation of Congress; the courts of justice adopted it _as a principle -of law_. No further prosecutions were instituted against any person who -came within that article, and all such prosecutions as were then pending -were discontinued." Thus, prosecutions going on, under the law of the -State, were discontinued, by the treaty operating as a repeal of the -law. In Pennsylvania, Mr. Lewis, attorney for the United States, says, in -his letter, No. 60, "The judges have, uniformly and without hesitation, -declared in favor of the treaty, on the ground of its being the supreme -law of the land. On this ground, they have not only discharged attainted -traitors from arrest, but have frequently declared that they were entitled -by the treaty to protection." The case of the Commonwealth _vs._ Gordon, -January, 1788, Dallas' Reports, 233, is a proof of this. In Maryland, in -the case of Mildred _vs._ Dorsey, cited in your letter [E. 4.] a law of -the State, made during the war, had compelled those who owed debts to -British subjects to pay them into the treasury of that State. This had -been done by Dorsey, before the date of the treaty; yet the judges of -the _State_ general court decided that the treaty not only repealed the -law for the future, but for the past also, and decreed that the defendant -should pay the money over again to the British creditor. In Virginia, Mr. -Monroe, one of the Senators of that State in Congress, and a lawyer of -eminence, tells us, No. 52, that both court and counsel there avowed the -opinion, that the treaty would control any law of the State opposed to it. -And the Legislature itself, in an act of October, 1787, c. 36, concerning -moneys carried into the public loan office, in payment of British debts, -use these expressions: "And whereas it belongs not to the Legislature to -decide particular questions, of which the judiciary have cognizance, and -it is, therefore, unfit for them to determine whether the payments so made -into the loan office be good or void between the creditor and debtor." In -New York, Mr. Harrison, attorney for the United States in that district, -assures us, No. 45, that the act of 1782, of that State, relative to the -debts due to persons within the enemy's line, was, immediately after the -treaty, restrained _by the superior courts of the State_ from operating -on British creditors, and that he did not know a single instance to the -contrary--a full proof that they considered the treaty as a law of the -land, paramount to the law of their State. - -Sec. 41. The very case of Rutgers, _vs._ Waddington, [E. 8.] which is a -subject of complaint in your letter, is a proof that the courts consider -the treaty as paramount to the laws of the States. Some parts of your -information, as to that case, have been inexact. The State of New York -had, during the war, passed an act [C. 16.] declaring that, in any -action by the proprietor of a house or tenement against the occupant, -for rent or damage, no military order should be a justification; and, -May 4, 1784, after the refusal of the British to deliver up the posts in -the State of New York, that Legislature revived the same act. [C. 19.] -Waddington, a British subject, had occupied a brew-house in New York, -belonging to Rutgers, an American, while the British were in possession -of New York. During a part of the time he had only permission from the -quartermaster general; for another part he had an order of the commanding -officer to authorize his possession. After the evacuation of the city, -Rutgers, under the authority of this law of the State, brought an action -against Waddington for rent and damages, in the Mayor's court of New -York. Waddington pleaded the treaty, and the court declared the treaty a -justification, in opposition to the law of the State, for that portion -of the time authorized by the commanding officer, his authority being -competent, and gave judgment for that part in favor of the defendant; -but, for the time he held the house under permission of the quartermaster -general only, they gave judgment against the defendant, considering the -permission of that officer incompetent, according to the regulations -of the existing powers. From this part of the judgment the defendant -appealed. The first part, however, was an unequivocal decision of the -superior authority of the treaty over the law. The latter part could only -have been founded in an opinion of the sense of the treaty in that part -of the 6th article which declares, "There shall be no future prosecutions -against any persons for the part he may have taken in the war, and that no -person should, on that account, suffer any future loss or damage in their -property," &c. They must have understood this as only protecting actions -which were conformable with the laws and authority existing at the time -and place. The tenure of the defendant under the quartermaster general -was not so conformable. That under the commanding officer was. Some may -think that murders, and other crimes and offences, characterized as such -by the authority of the time and place where committed, were meant to be -protected by this paragraph of the treaty; and, perhaps, for peace sake, -this construction may be the most convenient. The Mayor's court, however, -seems to have revolted at it. The defendant appealed, and the question -would have been authoritatively decided by the superior court, had not an -amicable compromise taken place between the parties. See Mr. Hamilton's -statement of this case, No. 46. - -Sec. 42. The same kind of doubt brought on the arrest of John Smith -Hatfield in New Jersey, whose case [E. 9.] is another ground of complaint -in your letter. A refugee, sent out by the British as a spy, was taken -within the American lines, regularly tried by a court martial, found -guilty, and executed. There was one Ball, an inhabitant of the American -part of Jersey, who, contrary to the laws of his country, was in the habit -of secretly supplying the British camp in Staten Island with provisions. -The first time Ball went over, after the execution of the spy, of which -it does not appear he had any knowledge, and certainly no agency in his -prosecution, John Smith Hatfield, a refugee also from Jersey, and some -others of the same description, seized him, against the express orders -of the British commanding officer, brought him out of the British lines, -and Hatfield hung him with his own hands. The British officer sent a -message to the Americans, disavowing this act, declaring that the British -had nothing to do with it, and that those who had perpetrated the crime -ought alone to suffer for it. The right to punish the guilty individual -seems to have been yielded by the one party, and accepted by the other, -in exchange for that of retaliation on an innocent person; an exchange -which humanity would wish to see habitual. The criminal came afterwards -into the very neighborhood, a member of which he had murdered. Peace, -indeed, had now been made; but the magistrate, thinking probably, that it -was for the honest soldier and citizen only, and not for the murderer, and -supposing, with the mayor's court of New York, that the paragraph of the -treaty against future persecutions meant to cover authorized acts only, -and not murders and other atrocities, disavowed by the existing authority, -arrested Hatfield. At the court which met for his trial, the witnesses -failed to attend. The court released the criminal from confinement, on his -giving the security required by law for his appearance at another court. -He fled; and you say that, "as his friends doubted the disposition of the -court to determine according to the terms of the treaty, they thought it -more prudent to suffer the forfeiture of the recognizances, than to put -his life again into jeopardy." But your information in this, Sir, has not -been exact. The recognizances are not forfeited. His friends, confident -in the opinion of their counsel, and the integrity of the judges, have -determined to plead the treaty, and not even give themselves the trouble -of asking a release from the Legislature; and the case is now depending. -See the letter of Mr. Boudinot, member of Congress for Jersey, No. 47. - -Sec. 43. In Georgia, Judge Walton, in a charge to a grand jury, says, -"The State of Rhode Island having acceded to the Federal Constitution, the -Union and Government have become complete. To comprehend the extent of the -General Government, and to discern the relation between that and those of -the States, will be equally our interest and duty. The Constitution, laws, -and _treaties_ of the Union are _paramount_." And in the same State, in -their last federal circuit court, we learn from the public papers, that, -in a case wherein the plaintiffs were Brailsford and others, British -subjects, whose debts had been sequestered (not confiscated) by an act of -the State during the war, the judges declared the treaty of peace a repeal -of the act of the State, and gave judgment for the plaintiffs. - -Sec. 44. The integrity of those opinions and proceedings of the -several courts should have shielded them from the insinuations hazarded -against them. In pages 9 and 10, it is said, "That during the war, the -Legislatures passed laws to confiscate the estates of the loyalists, -to enable debtors to pay into the State treasuries paper money, then -exceedingly depreciated, in discharge of their debts." And page 24, "The -dispensations of law _by the State courts_ have been as unpropitious -to the subjects of the crown, as the legislative acts of the different -assemblies." Let us compare, if you please, Sir, these unpropitious -opinions of our State courts with those of foreign lawyers' writing on -the same subject. [15]"Quod dixi de actionibus recto publicandis ita -demum obtinet; si quod subditi nostri hostibus nostris debent, princeps -a subditis suis revera exegerit. Si exegerit, recte solutum est, si non -exegerit, pace facta, reviviscit jus pristinum creditoris; secundum, hæc -inter gentes fere convenit, ut nominibus bello publicatis, pace deinde -factâ, exacta censeantur periisse, et maneant extincta; non autem exacta -reviviscant et restiuantur veris creditoribus." Bynk. Q. J. P. l. 1, c. -7. But what said the judges of the State court of Maryland in the case -of Mildred and Dorsey? That a debt forced from an American debtor into -the treasury of his sovereign, is not extinct, but shall be paid over -again to his British creditor. Which is most propitious, the unbiassed -foreign jurist, or the American judge, charged with dispensing justice -with favor and partiality? But from this, you say, there is an appeal. Is -that the fault of the judge, or the fault of anybody? Is there a country -on earth, or ought there to be one, allowing no appeal from the first -errors of their courts? and if allowed from errors, how will those from -just judgments be prevented? In England, as in other countries, an appeal -is admitted to the party thinking himself injured; and here, had the -judgment been against the British creditor, and an appeal denied, there -would have been better cause of complaint than for not having denied it -to his adversary. If an _illegal_ judgment be ultimately rendered on the -appeal, then will arise the right to question its propriety. - -Sec. 45. Again it is said, page 34, "In one State the _supreme federal -court_ has thought proper to suspend for many months the final judgment -on an action of debt, brought by a British creditor." If by _the supreme -federal court_ be meant _the supreme court of the United States_, I -have had their records examined, in order to know what may be the case -here alluded to; and I am authorized to say, there neither does, nor -ever did exist any cause before that court, between a British subject -and a citizen of the United States. See the certificate of the clerk of -the court, No. 48. If by _the supreme federal court_ be meant _one of -the circuit courts of the United States_, then which circuit, in which -State, and what case is meant? In the course of inquiries I have been -obliged to make, to find whether there exists any case, in any district -of any circuit court of the United States, which might have given rise to -this complaint, I have learnt, that an action was brought to issue, and -argued in the circuit court of the United States, in Virginia, at their -last term, between Jones, a British subject, plaintiff, and Walker, an -American, defendant; wherein the question was the same as in the case of -Mildred and Dorsey, to wit; Whether a payment into the treasury, during -the war, under a law of the State, discharged the debtor? One of the -judges retiring from court, in the midst of the argument, on the accident -of the death of an only son, and the case being _primæ impressionis_ in -that court, it was adjourned, for consideration, till the ensuing term. -Had the two remaining judges felt no motive but of predilection to one -of the parties; had they considered only to which party their wishes were -propitious or unpropitious; they possibly might have decided that question -on the spot. But, learned enough in their science to see difficulties -which escape others, and having characters and consciences to satisfy, -they followed the example so habitually and so laudably set by the courts -of your country, and of every country, where law, and not favor, is the -rule of decision, of taking time to consider. Time and consideration are -favorable to the right cause, precipitation to the wrong one. - -Sec. 46. You say again, p. 29, "The few attempts to recover British debts, -in the courts of Virginia, have _universally_ failed, and these are the -courts wherein, from the smallness of the sum, a considerable number of -debts can only be recovered." Again, p. 34, "In the same State, county -courts (which alone can take cognizance of debts of limited amount) have -_uniformly rejected_ all suits instituted for the recovery of sums due -to the subjects of the crown of Great Britain." In the first place, the -county courts, till of late, have had exclusive jurisdiction only of sums -below 10_l._, and it is known, that a very inconsiderable proportion of -the British debt consists in demands below that sum. A late law, we are -told, requires, that actions below 30_l._ shall be commenced in those -courts; but allows, at the same time, an appeal to correct any errors into -which they may fall. In the second place, the evidence of gentlemen who -are in the way of knowing the fact, No. 52, 53, is, that though there have -been accidental checks in some of the subordinate courts, arising from -the chicanery of the debtors, and sometimes, perhaps, a moment of error -in the court itself, yet these particular instances have been immediately -rectified, either in the same or the superior court, while the great mass -of suits for the recovery of sums due to the subjects of the crown of -Great Britain, have been uniformly sustained to judgment and execution. - -Sec. 47. A much broader assertion is hazarded, page 29. "In some of the -Southern States, there does not exist a single instance of the recovery -of British debt in their courts, though many years have expired since -the establishment of peace between the two countries." The particular -States are not specified. I have therefore thought it my duty to extend -my inquiries to all the States which could be designated under the -description of Southern, to wit: Maryland, and those to the south of that. - -As to Maryland, the joint certificate of the senators and delegates of -the State in Congress, the letter of Mr. Tilghman, a gentleman of the -law in the same State, and that of Mr. Gwinn, clerk of their general -court, prove that British suits have been maintained in the superior -and inferior courts throughout the State without any obstruction; that -British claimants have, in every instance, enjoyed every facility in the -tribunals of justice equally with their own citizens; and have recovered -in due course of law, and remitted large debts, as well under contracts -previous, as subsequent to the war. - -In Virginia, the letters of Mr. Monroe and Mr. Giles, members of Congress -from that State, and lawyers of eminence in it, prove that the courts of -law in that State have been open and freely resorted to by the British -creditors, who have recovered and levied their moneys without obstruction; -for we have no right to consider as obstructions the dilatory pleas -of here and there a debtor, distressed perhaps for time, or even an -accidental error of opinion in a subordinate court, when such pleas have -been overruled, and such errors corrected in a due course of proceeding -marked out by the laws in such cases. The general fact suffices to show -that the assertion under examination cannot be applied to this State. - -In North Carolina, Mr. Johnston, one of the senators of that State, tells -us he has heard indeed but of few suits brought by British creditors in -that State; but that he never heard that any one had failed of a recovery -because he was a British subject; and he names a particular case, of -Elmesly _v._ Lee's executors, "of the recovery of a British debt in the -superior court at Edenton." See Mr. Johnston's letter, No. 54. - -In South Carolina, we learn, from No. 55, of particular judgments -rendered, and prosecutions carried on, without obstacle, by British -creditors, and that the courts are open to them there as elsewhere. As to -the modifications of the execution heretofore made by the State law having -been the same for foreigner and citizen, a court would decide whether the -treaty is satisfied by this equal measure; and if the British creditor is -privileged by that against even the same modifications to which citizens -and foreigners of all other nations were equally subjected, then the law -imposing them was a mere nullity. - -In Georgia, the letter of the senators and representatives in Congress, -No. 56, assures us that, though they do not know of any recovery of -a British debt, in their State, neither do they know of a denial to -recover since the ratification of the treaty, the creditors having mostly -preferred amicable settlement; and that the federal court is as open and -unobstructed to British creditors there, as in any other of the United -States; and this is further proved by the late recovery of Brailsford and -others, before cited. - -Sec. 48. You say more particularly of that State, page 25, "It is to be -lamented, that, in a more distant State, (Georgia) it was a received -principle, inculcated by an opinion of the highest judicial authority -there, that as no Legislative act of the State ever existed, confirming -the treaty of peace with Great Britain, war still continued between -the two countries--_a principle which may perhaps still continue in -that State_." No judge, no case, no time, is named. Imputations on the -judiciary of a country are too serious to be neglected. I have thought -it my duty, therefore, to spare no endeavors to find on what fact this -censure was meant to be affixed. I have found that Judge Walton of -Georgia, in the summer of 1783, the definitive treaty not yet signed in -Europe, much less known and ratified here, set aside a writ in the case -of Thompson, (a British subject) _v._ Thompson, assigning for reasons, -1st. "That there was no law authorizing a subject of England to sue -a citizen of that State; 2d. That the war had not been _definitively_ -concluded; or 3d. If concluded, the treaty not _known to, or ratified -by_, the Legislature; nor 4th. Was it in any manner ascertained how those -debts were to be liquidated." With respect to the last reason, it was -generally expected that some more specific arrangements, as to the manner -of liquidating and times of paying British debts would have been settled -in the definitive treaty. No. 58 shows, that such arrangements were under -contemplation. And the judge seems to have been of opinion that it was -necessary the treaty should be _definitively_ concluded, before it could -become a law of the land, so as to change the legal character of an _alien -enemy_, who cannot maintain an action, into that of an _alien friend_, who -may. Without entering into the question, whether, between the provisional -and definitive treaties, a subject of either party could maintain -an action in the courts of the other (a question of no consequence, -considering how short the interval was, and this, probably the only action -essayed), we must admit that, if the judge was right in his opinion, that -a _definitive_ conclusion was necessary, he was right in his consequence -that it should be _made known_ to the Legislature of the State, or, in -other words, to the State; and that, till that _notification_, it was -not a law authorizing a subject of England to sue a citizen of that -State. The subsequent doctrine of the same judge, Walton, with respect -to the treaties, _when duly completed_, that they are paramount to the -laws of the several States, as has been seen in this charge to a grand -jury, before spoken of, (Sec. 43,) will relieve your doubts whether the -"principle still continues in that State, of the _continuance of war -between the two countries_." - -Sec. 49. The latter part of the quotation before made, merits notice also, -to wit, where, after saying not a single instance exists of the recovery -of a British debt, it is added, "though many years have expired since the -establishment of peace between the two countries." It is evident from the -preceding testimony, that many suits have been brought, and with effect; -yet it has often been matter of surprise that more were not brought, and -earlier, since it is most certain that the courts would have sustained -their actions and given them judgments. This abstinence on the part of the -creditors has excited a suspicion that they wished rather to recur to the -treasury of their own country; and to have color for this, they would have -it believed that there were obstructions here to bringing their suits. -Their testimony is in fact the sole, to which your court till now, has -given access. Had the opportunity now presented been given us sooner, they -should sooner have known that the courts of the United States, whenever -the creditors would choose that recourse, and would press, if necessary, -to the highest tribunals, would be found as open to their suits, and as -impartial to their subjects, as theirs to ours. - -Sec. 50. There is an expression in your letter, page 7, that "British -creditors have not been countenanced or supported, either by the -respective Legislatures, or by the State courts, in their endeavors to -recover the full value of debts contracted antecedently to the treaty -of peace." And again, in p. 8, "In many of the States, the subjects of -the crown in endeavoring to obtain the restitution of their forfeited -estates and property, have been treated with indignity." From which an -inference might be drawn, which I am sure you did not intend, to wit: -that the creditors have been deterred from resorting to the courts by -popular tumults, and not protected by the laws of the country. I recollect -to have heard of one or two attempts, by popular collections, to deter -the prosecution of British claims. One of these is mentioned in No. 49. -But these were immediately on the close of the war, while its passions -had not yet had time to subside, and while the ashes of our houses were -still smoking. Since that, say for many years past, nothing like popular -interposition, on this subject, has been heard of in any part of our -land. There is no country, which is not sometimes subject to irregular -interpositions of the People. There is no country able, at all times, to -punish them. There is no country which has less of this to reproach itself -with, than the United States, nor any, where the laws have more regular -course, or are more habitually and cheerfully acquiesced in. Confident -that your own observation and information will have satisfied you of this -truth, I rely that the inference was not intended, which seems to result -from these expressions. - -Sec. 51. Some notice is to be taken, as to the great deficiencies in -collection urged on behalf of the British merchants. The course of our -commerce with Great Britain was ever for the merchant there to give his -correspondent here a year's credit; so that we were regularly indebted -from a year to a year and a half's amount of our exports. It is the -opinion of judicious merchants, that it never exceeded the latter term, -and that it did not exceed the former at the commencement of the war. -Let the holders then of this debt be classed into, 1st. Those who were -insolvent at that time. 2d. Those solvent then, who became insolvent -during the operations of the war--a numerous class. 3d. Those solvent -at the close of the war, but insolvent now. 4th. Those solvent at the -close of the war, who have since paid or settled satisfactorily with -their creditors--a numerous class also. 5th. Those solvent then and now, -who have neither paid, nor made satisfactory arrangements with their -creditors. This last class, the only one now in question, is little -numerous, and the amount of their debts but a moderate proportion of the -aggregate which was due at the commencement of the war; insomuch, that it -is the opinion, that we do not owe to Great Britain, at this moment, of -separate debts, old and new, more than a year, or a year and a quarter's -exports, the ordinary amount of the debt resulting from the common course -of dealings. - -Sec. 52. In drawing a comparison between the proceedings of Great Britain -and the United States, you say, page 35, "The conduct of Great Britain, -in all these respects, has been widely different from that which has -been observed by the United States. In the courts of law of the former -country, the citizens of the United States have experienced, _without -exception_, the same protection and _impartial_ distribution of justice, -as the subjects of the crown." No nation can answer for perfect exactitude -of proceedings in all their inferior courts. It suffices to provide a -supreme judicature, where all error and partiality will be ultimately -corrected. With this qualification, we have heretofore been in the habit -of considering the administration of justice in Great Britain as extremely -pure. With the same qualification, we have no fear to risk everything -which a nation holds dear, on the assertion, that the administration of -justice here will be found equally pure. When the citizens of either party -complain of the judiciary proceedings of the other, they naturally present -but one side of the case to view, and are, therefore, to be listened to -with caution. Numerous condemnations have taken place in your courts of -vessels taken from us after the expirations of the terms of one and two -months stipulated in the armistice. The State of Maryland has been making -ineffectual efforts, for nine years, to recover a sum of £55,000 sterling, -lodged in the bank of England previous to the war. A judge of the King's -bench lately declared, in the case of Greene, an American citizen, _v._ -Buchanan and Charnock, British subjects, that a citizen of the United -States, who had delivered £43,000 sterling worth of East India goods to -a British subject at Ostend, receiving only £18,000 in part payment, is -not entitled to maintain an action for the balance in a court of Great -Britain, though his debtor is found there, is in custody of the court, -and acknowledges the fact. These cases appear strong to us. If your -judges have done wrong in them, we expect redress. If right, we expect -explanations. Some of them have already been laid before your court. The -others will be so in due time. These, and such as these, are the smaller -matters between the two nations, which, in my letter of December 15th, I -had the honor to intimate, that it would be better to refer for settlement -through the ordinary channel of our ministers, than embarrass the present -important discussions with them. Such cases will be constantly produced -by a collision of interests in the dealings of individuals, and will be -easily adjusted by a readiness to do right on both sides, regardless of -party. - -Sec. 53. III. It is made an objection to the proceedings of our -legislative and judiciary bodies, that they have refused to allow interest -to run on debts during the course of the war. The decision of the right -to this rests with the judiciary alone, neither the Legislative nor the -Executive having any authority to intermeddle. - -The administration of justice is a branch of the sovereignty over a -country, and belongs exclusively to the nation inhabiting it. No foreign -power can pretend to participate in their jurisdiction, or that their -citizens received there are not subject to it. When a cause has been -adjudged according to the rules and forms of the country, its justice -ought to be presumed. Even error in the highest court which has been -provided as the last means of correcting the errors of others, and whose -decrees are, therefore, subject to no further revisal, is one of those -inconveniences flowing from the imperfection of our faculties, to which -every society must submit; because there must be somewhere a last resort, -wherein contestations may end. Multiply bodies of revisal as you please, -their number must still be finite, and they must finish in the hands -of fallible men as judges. If the error be evident, palpable, [16]et -in re minime dubiâ, it then, indeed, assumes another form; it excites -presumption that it was not mere error, but premeditated wrong; and the -foreigner, as well as native, suffering by the wrong, may reasonably -complain, as for a wrong committed in any other way. In such case, there -being no redress in the ordinary forms of the country, a foreign prince -may listen to complaint from his subjects injured by the adjudication, may -inquire into its principles to prove their criminality, and, according to -the magnitude of the wrong, take his measures of redress by reprisal, or -by a refusal of right on his part. If the denial of interest, in our case, -be justified by law, or even if it be against law, but not in that gross, -evident, and palpable degree, which proves it to flow from the wickedness -of the heart, and not error of the head in the judges, then is it no cause -for just complaint, much less for a refusal of right, or self-redress in -any other way. The reasons on which the denial of interest is grounded -shall be stated summarily, yet sufficiently to justify the integrity of -the judge, and even to produce a presumption that they might be extended -to that of his science also, were that material to the present object. - -Sec. 54. The treaty is the text of the law in the present case, and its -words are, that there shall be no lawful impediment to the recovery of -bona fide _debts_. Nothing is said of _interest_ on these debts; and the -sole question is, whether, where a _debt_ is given, _interest_ thereon -flows from the general principles of the law? Interest is not a part -of the debt, but something added to the debt by way of damage for the -detention of it. This is the definition of the English lawyers themselves, -who say, "Interest is recovered by way of _damages_ ratione detentionis -debiti."[17] 2 Salk. 622, 623. Formerly, all interest was considered as -unlawful, in every country of Europe; it is still so in Roman Catholic -countries, and countries little commercial. From this, as a general rule, -a few special cases are excepted. In France, particularly, the exceptions -are those of minors, marriage portions, and money, the price of lands. -So thoroughly do their laws condemn the allowance of interest, that a -party who has paid it voluntarily, may recover it back again whenever he -pleases. Yet this has never been taken up as a gross and flagrant denial -of justice, authorizing national complaint against those governments. -In England, also, all interest was against law, till the stat. 37 H. -8, c. 9. The growing spirit of commerce, no longer restrained by the -principles of the Roman church, then first began to tolerate it. The same -causes produced the same effect in Holland, and, perhaps, in some other -commercial and Catholic countries. But, even in England, the allowance -of interest is not given by _express law_, but rests on the _discretion -of judges and juries_, as the arbiters of damages. Sometimes the judge -has enlarged the interest to 20 per cent. per annum. [1 Chanc. Rep. 57.] -In other cases, he fixes it, habitually, one per cent. lower than the -legal rate, [2 T. Atk. 343,] and in a multitude of cases he refuses it -altogether. As, for instance, no interest is allowed-- - -1. On arrears of rents, profits, or annuities. 1 Chan. Rep. 184, 2 P. W. -163. Ca. temp. Talbot 2. - -2. For maintenance. Vin. Abr. Interest. c. 10. - -3. For moneys advanced by executors. 2 Abr. Eq. 531, 15. - -4. For goods sold and delivered. 3. Wilson, 206. - -5. On book debts, open accounts, or simple contracts. 3 Ch. Rep. 64. -Freem. Ch. Rep. 133. Dougl. 376. - -6. For money lent without a note. 2 Stra. 910. - -7. On an inland bill of exchange, if no protest is taken. 2 Stra. 910. - -8. On a bond after 20 years. 2 Vern. 458, or after a tender. - -9. On decrees in certain cases. Freem. Ch. Rep. 181. - -10. On judgments in certain cases, as battery and slander. Freem. Ch. Rep. -37. - -11. On any decrees or judgments in certain courts, as the exchequer -chamber. Douglass, 752. - -12. On costs. 2 Abr. Eq. 530, 7. - -And we may add, once for all, that there is no instrument or title to -debt, so formal and sacred, as to give a right to interest on it, under -all possible circumstances--the words of Lord Mansfield, Dougl. 753, where -he says: "That the question was, what was to be the rule for assessing -the _damage_, and that, in this case, the _interest_ ought to be the -_measure of the damage_, the action being for a _debt_, but that, in a -case of another sort, _the rule might be different_:" his words, Dougl. -376, "That interest might be payable in cases of delay, if a jury, _in -their discretion_, shall think fit to allow it." And the doctrine in Giles -v. Hart. 2 Salk. 622, that damages, or interest, are but an accessary to -the debt, which may be barred by circumstances, which do not touch the -debt itself, suffice to prove that interest is not a part of the debt, -neither comprehended in the thing, nor in the term; that words, which pass -the debt, do not give interest necessarily; that the interest _depends -altogether on the discretion of the judges and jurors_, who will govern -themselves by all existing circumstances, will take the legal interest -for the measure of their damages, or more or less, as they think right; -will give it from the date of the contract, or from a year after, or deny -it altogether, according as the fault or the sufferings of the one or -the other party shall dictate. Our laws are, generally, an adoption of -yours, and I do not know that any of the States have changed them in this -particular. But there is one rule of your and our law, which, while it -proves that every title of debt is liable to a disallowance of interest -under special circumstances, is so applicable to our case, that I shall -cite it as a text, and apply it to the circumstances of our case. It is -laid down in Vin. Abr. Interest. c. 7, and 2 Abr. Eq. 5293, and elsewhere, -in these words: "Where, by a _general and national calamity_, nothing is -made out of lands which are assigned for payment of interest, it ought not -to run on _during the time of such calamity_." This is exactly the case in -question. Can a more _general national calamity_ be conceived, than that -universal devastation which took place in many of these States during war? -Was it ever more exactly the case anywhere, _that nothing was made out of -the lands which were to pay the interest_? The produce of those lands, for -want of the opportunity of exporting it safely, was down to almost nothing -in real money, e. g. tobacco was less than a dollar the hundred weight. -Imported articles of clothing for consumption were from four to eight -times their usual price. A bushel of salt was usually sold for 100 lbs. -of tobacco. At the same time, these lands, and other property, in which -the money of the British creditor was vested, were paying high taxes for -their own protection, and the debtor, as nominal holder, stood ultimate -insurer of their value to the creditor, who was the real proprietor, -because they were bought with his money. And who will estimate the value -of this insurance, or say what would have been the forfeit, in a contrary -event of the war? Who will say that the risk of the property was not worth -the interest of its price? _General calamity_, then, prevented profit and, -consequently, stopped interest, which is in lieu of profit. The creditor -says, indeed, he has laid out of his money; he has therefore lost the -use of it. The debtor replies, that, if the creditor has lost, he has -not gained it; that this may be a question between two parties, both of -whom have lost. In that case, the courts will not double the loss of the -one, to save all loss from the other. That it is a rule of natural as -well as municipal law, that in questions "de damno evitando melior est -conditio possidentis." If this maxim be just, where each party is equally -innocent, how much more so, where the loss has been produced by the act -of the creditor? For, a nation, as a society, forms a moral person, and -every member of it is personally responsible for his society. It was the -act of the lender, or of his nation, which annihilated the profits of the -money lent; he cannot then demand profits which he either prevented from -coming into existence, or burnt, or otherwise destroyed, after they were -produced. If, then, there be no instrument, or title of debt so formal -and sacred as to give right to interest under all possible circumstances, -and if circumstances of exemption, stronger than in the present case, -cannot possibly be found, then no instrument or title of debt, however -formal or sacred, can give right to interest under the circumstances -of our case. Let us present the question in another point of view. Your -own law forbade the payment of interest, when it forbade the receipt of -American produce into Great Britain, and made that produce fair prize on -its way from the debtor to the creditor, or to any other, for his use of -reimbursement. All personal access between creditor and debtor was made -illegal; and the debtor, who endeavored to make a remitment of his debt, -or interest, must have done it three times, to answer its getting once to -hand; for two out of three vessels were generally taken by the creditor -nation, and, sometimes, by the creditor himself, as many of them turned -their trading vessels into privateers. Where no place has been agreed -on for the payment of a debt, the laws of England oblige the debtor to -seek his creditor wheresoever he is to be found _within the realm_--Coke -Lit. 210, b. but do not bind him to go out of the realm in search of him. -This is our law too. The first act, generally, of the creditors and their -agents here, was, to withdraw from the United States with their books and -papers. The creditor thus withdrawing from his debtor, so as to render -payment impossible, either of the principal or interest, makes it like -the common case of a tender and refusal of money, after which, interest -stops, both by your laws and ours. We see, too, from the letter of Mr. -Adams, June 16, 1786, No. 57, that the British Secretary for Foreign -Affairs was sensible that a British statute, having rendered criminal -all intercourse between the debtor and creditor, had placed the article -of interest on a different footing from the principal. And the letter of -our plenipotentiaries to Mr. Hartley, the British plenipotentiary, for -forming the definitive treaty, No. 58, shows, that the omission to express -_interest_ in the treaty, was not merely an oversight of the parties; -that its allowance was considered by our plenipotentiaries as a thing not -to be intended in the treaty, was declared against by Congress, and that -declaration communicated to Mr. Hartley. After such an explanation, the -omission is a proof of acquiescence, and an intention not to claim it. It -appears, then, that the _debt_ and _interest_ on that debt are separate -things in every country, and under separate rules. That, in every country, -a _debt_ is recoverable, while, in most countries, interest is refused -in all cases; in others, given or refused, diminished or augmented, at -the discretion of the judge; nowhere given in all cases indiscriminately, -and consequently nowhere so incorporated with the _debt_ as to pass with -that, _ex vi termini_, or otherwise to be considered as a determinate and -_vestat_ thing. - -While the taking _interest on money_ has thus been considered, in some -countries, as morally wrong in all cases, in others made legally right -but in particular cases, the taking _profits from lands_, or rents in -lieu of profits, has been allowed everywhere, and at all times, both in -morality and law. Hence it is laid down as a general rule, Wolf, s. 229, -"Si quis fundum alienum possidet, domini est quantum valet usas fundi, -et possessoris quantum valet ejus cultura et cura."[18] But even in the -case of lands restored by a treaty, the _arrears_ of profits or rents are -never restored, unless they be particularly stipulated. "Si res vi pacis -restituendæ, restituendi quoque sunt fructus a die _concessionis_,"[19] -say Wolf, s. 1224; and Grotius, "cui pace res conceditur, ei et fructus -conceduntur à _tempore concessionis_: NON RETRO."[20] l. 3. c. 20. s. -22. To place the right to interest on money on a level with the right to -profits on land, is placing it more advantageously than has been hitherto -authorized; and if, as we have seen, a stipulation to restore lands does -not include a stipulation to restore the _back profits_, we may certainly -conclude, _à fortiori_, that the restitution of debts does not include an -allowance of _back interest_ on them. - -These reasons, and others like these, have probably operated on the -different courts to produce decisions, that "no interest should run -during the time this general and national calamity lasted;" and they seem -sufficient at least to rescue their decisions from that flagrant denial -of right, which can alone authorize one nation to come forward with -complaints against the judiciary proceedings of another. - -Sec. 55. The States have been uniform in the allowance of interest before -and since the war, but not of that claimed during the war. Thus we know by -[E. 1.] the case of Neate's executors _v._ Sands, in New York, and Mildred -_v._ Dorsey, in Maryland, that in those States interest during the war -is disallowed by the courts. By [D. 8.] 1784, May, the act relating to -debts due to persons who have been, and remained within the enemy's power -or lines during the late war. That Connecticut left it to their Court of -Chancery to determine the matter according to the rules of equity, or -to leave it to referees; by [E. 2.] the case of Osborn _v._ Mifflin's -executors, and [E. 3.] Hare _v._ Allen, explained in the letter of Mr. -Rawle, attorney of the United States, No. 59. And by the letter of Mr. -Lewis, judge of the district court of the United States, No. 60, that in -Pennsylvania the rule is, that where neither the creditor nor any agent -was within the State, no interest was allowed; where either remained, they -gave interest. In all the other States, I believe it is left discretionary -in the courts and juries. In Massachusetts the practice has varied. In -November, 1784, they instruct their Delegates in Congress to ask the -determination of Congress, whether they understood the word "debts" in -the treaty as including interest? and whether it is their opinion, that -interest during the war should be paid? and at the same time they pass -[D. 9.] the act directing the courts to suspend rendering judgment for any -interest that might have accrued between April 19, 1775, and January 20, -1783. But in 1787, when there was a general compliance enacted through -all the United States, in order to see if that would produce a counter -compliance, their Legislature passed the act repealing all laws repugnant -to the treaty, No. 33, and their courts, on their part, changed their rule -relative to interest during the war, which they have uniformly allowed -since that time. The Circuit Court of the United States, at their sessions -at ----, in 1790, determined in like manner that interest should be -allowed during the war. So that, on the whole, we see that, in one State -interest during the war is given in every case; in another it is given -wherever the creditor, or any agent for him, remained in the country, so -as to be accessible; in the others, it is left to the courts and juries -to decide according to their discretion and the circumstances of the case. - - -TO RECAPITULATE. - -Sec. 56. I have, by way of preliminary, placed out of the present -discussion all acts and proceedings prior to the treaty of peace, -considering them as settled by that instrument, and that the then state -of things was adopted by the parties, with such alterations only as that -instrument provided. - -I have then taken up the subsequent acts and proceedings, of which you -complain as infractions, distributing them according to their subjects, -to wit: - - I. Exile and confiscations. - II. Debts. - III. Interest. - - I. Exile and confiscations. - -After premising, that these are lawful acts of war, I have shown that -the 5th article was _recommendatory_ only, its stipulations being, not to -_restore_ the confiscations and exiles, but to _recommend_ to the State -Legislatures to restore them: - -That this word, having but one meaning, establishes the intent of the -parties; and moreover, that it was particularly explained by the American -negotiators, that the Legislatures would be free to comply with the -recommendation or not, and probably would not comply: - -That the British _negotiators_ so understood it: - -That the British _ministry_ so understood it: - -And the members of both Houses of _Parliament_, as well those who -approved, as who disapproved the article. - -I have shown, that Congress did recommend, earnestly and _bona fide_: - -That the States refused or complied, in a greater or less degree, -according to circumstances, but more of them, and in a greater degree than -was expected: - -And that compensation, by the British treasury, to British sufferers, -was the alternative of her own choice, our negotiators having offered to -do that, if she would compensate such losses as we had sustained by acts -authorized by the modern and moderate principles of war. - - II. Before entering on the subject of debts, it was necessary-- - -1st. To review the British infractions, and refer them to their exact -dates. - -To show that the carrying away of the negroes preceded the 6th of May, -1783. - -That instead of evacuating the _upper posts with all convenient speed_, -no order had been received for the evacuation, August 13, 1783. - -None had been received May 10, 1784. - -None had been received July 13, 1784. - -From whence I conclude none had ever been _given_, - -And thence, that none had ever been _intended_. - -In the latter case, this infraction would date from the signature of -the treaty. But founding it on the _not giving the order with convenient -speed_, it dates from April, 1783, when the order for evacuating New York -was given, as there can be no reason why it should have been inconvenient -to give this order as early. - -The infraction, then, respecting the upper posts, was before the treaty -was known in America. - -That respecting the negroes, was as soon as it was known. - -I have observed that these infractions were highly injurious. - -The first, by depriving us of our fur trade, profitable in itself, and -valuable as a means of remittance for paying the debts; by intercepting -our friendly and neighborly intercourse with the Indian nations, and -consequently keeping us in constant, expensive, and barbarous war with -them. - -The second, by withdrawing the cultivators of the soil, the produce of -which was to pay the debts. - -2d. After fixing the date of the British infractions, I have shown, - -That, as they _preceded_, so they _produced_ the acts on our part -complained of, as obstacles to the recovery of the debts. - -That when one party breaks any stipulation of a treaty, the other is free -to break it also, either in the whole, or in equivalent parts, at its -pleasure. - -That Congress having made no elections, - -Four of the States assumed, separately, to modify the recovery of debts-- - -1. By indulging their citizens with longer and more practicable times of -payment. - -2. By liberating their bodies from execution, on their delivering property -to the creditor, to the full amount of his demand, on a fair appraisement, -as practised always under the elegit. - -3. By admitting, during the first moments of the non-existence of coin -among us, a discharge of executions by payment in paper money. - -The first of these acts of retaliation, was in December, 1783, nine months -after the infractions committed by the other party. - -And all of them were so moderate, of so short duration, the result of -such necessities, and so produced, that we might, with confidence, have -referred them, _alterius principis, quo boni viri, arbitrio_. - -3. That induced, at length, by assurances from the British court, that -they would concur in a fulfilment of the treaty, - -Congress, in 1787, declared to the States its will, that even the -appearance of obstacle, raised by their acts, should no longer continue; - -And required a formal repeal of every act of that nature; and to avoid -question, required it as well from those who had not, as from those who -had passed such acts; which was complied with so fully, that no such laws -remained in any State of the Union, except one; - -And even that one could not have forborne, if any symptoms of compliance -from the opposite party had rendered a reiterated requisition from -Congress important. - -4. That, indeed, the requiring such a repeal, was only to take away -pretext: - -For, that it was at all times perfectly understood, that treaties -controlled the laws of the States-- - -The confederation having made them obligatory on the whole: - -Congress having so declared and demonstrated them: - -The Legislatures and Executives of most of the States having admitted it: - -And the Judiciaries, both of the separate and General Governments, so -deciding. - -That the courts are open everywhere upon this principle: - -That the British creditors have, for some time, been in the habit and -course of recovering their debts at law: - -That the class of separate and unsettled debts contracted before the war, -forms now but a small proportion of the original amount: - -That the integrity and independence of the courts of justice in the United -States, are liable to no reproach: - -Nor have popular tumults furnished any ground for suggesting, that either -courts or creditors are overawed by them in their proceedings. - - III. Proceeding to the article of interest, I have observed: - -That the decision, whether it shall or shall not be allowed _during the -war_, rests, by our constitution, with the courts altogether. - -That if these have generally decided against the allowance, the reasons -of their decisions appear so weighty, as to clear them from the charge of -that palpable degree of wrong, which may authorize national complaint, or -give a right of refusing execution of the treaty, by way of reprisal. - -To vindicate them, I have stated shortly, some of the reasons which -support their opinion. - -That interest during the war, was not _expressly_ given by the treaty: - -That the revival of debts did not, _ex vi termini_, give interest on them: - -That interest is not a part of the debt, but damages for the detention of -the debt: - -That it is disallowed habitually in most countries; - -Yet has never been deemed a ground of national complaint against them: - -That in England also, it was formerly unlawful in all cases: - -That at this day it is denied there, in such a variety of instances, as -to protect from it a great part of the transactions of life: - -That, in fact, there is not a single _title_ to debt, so formal -and sacred, as to give a right to _interest_, under all possible -circumstances, either there or here: - -That of these circumstances, judges and jurors are to decide, _in their -discretion_, and are accordingly in the habit of augmenting, diminishing, -or refusing interest, in every case, according to their discretion: - -That the circumstances against the allowance, are unquestionably of the -strongest in our case: - -That a _great national calamity_ rendering the lands unproductive, which -were to pay the interest, has been adjudged a sufficient cause of itself, -to suspend interest: - -That, were both plaintiff and defendant equally innocent of that cause, - -The question, who should avoid loss? would be in favor of the party in -possession: - -And, _à fortiori_, in his favor, where the calamity was produced by the -act of the demandant. - -That, moreover, the laws of the party creditor had cut off the _personal_ -access of his debtor, - -And the transportation of his _produce or money_ to the country of the -creditor, or to any other for him: - -And where the creditor prevents payment both of principal and interest, -the latter, at least, is justly extinguished. - -That the _departure_ of the creditor, leaving no agent in the country of -the debtor, would have stopped interest of itself, - -The debtor not being obliged to go out of the country to seek him. - -That the British minister was heretofore sensible of the weight of the -objections to the claim of interest: - -That the declarations of Congress and our plenipotentiaries, _previous to -the definitive treaty_, and the silence of that instrument, afford proof -that interest was not intended on our part, nor insisted on, on the other: - -That, were we to admit interest on money, to equal favor with profits on -land, arrears of profits would not be demandable in the present case, nor -consequently arrears of interest: - -And, on the whole, without undertaking to say what the law is, which is -not the province of the Executive, - -We say, that the reasons of those judges, who deny interest during the -war, _appear sufficiently cogent_-- - -To account for their opinion on honest principles: - -To exempt it from the charge of palpable and flagrant wrong, _in re minime -dubiâ_: - -And to take away all pretence of withholding execution of the treaty, by -way of reprisal for that cause. - -Sec. 57. I have now, sir, gone through the several acts and proceedings -enumerated in your appendix, as infractions of the treaty, omitting, I -believe, not a single one, as may be seen by a table hereto subjoined, -wherein every one of them, as marked and numbered in your appendix, is -referred to the section of this letter in which it is brought into view; -and the result has been, as you have seen-- - -1. That there was no absolute stipulation to restore _antecedent_ -confiscations, and that none _subsequent_ took place: - -2. That the recovery of the debts was obstructed _validly_ in none of -our States, _invalidly_ only in a few, and that not till long after the -infractions committed on the other side; and - -3. That the decisions of courts and juries against the claims of interest -are too probably founded to give cause for questioning their integrity. -These things being evident, I cannot but flatter myself, after the -assurances received from you of his Britannic Majesty's desire to remove -every occasion of misunderstanding from between us, that an end will now -be put to the disquieting situation of the two countries, by as complete -execution of the treaty as circumstances render practicable at this late -day: that it is to be done so late has been the source of heavy losses, -of blood and treasure, to the United States. Still our desire of friendly -accommodation is, and has been, constant. No "_lawful impediment_ has -been opposed to the prosecution of the just rights of your citizens." -And if any instances of _unlawful_ impediment have existed in any of -the inferior tribunals, they would, like other unlawful proceedings, -have been overruled on appeal to the higher courts. If not overruled -there, a complaint to the Government would have been regular, and their -interference probably effectual. If your citizens would not prosecute -their rights, it was impossible they should recover them, or be denied -recovery; and till a denial of right through all the tribunals, there is -no ground for complaint; much less for a refusal to comply with solemn -stipulations, the execution of which is too important to us ever to -be dispensed with. These difficulties being removed from between the -two nations, I am persuaded the interests of both will be found in the -strictest friendship. The considerations which lead to it are too numerous -and forcible to fail of their effect; and that they may be permitted to -have their full effect, no one wishes more sincerely than he, who has the -honor to be, &c.[21] - - -FOOTNOTES: - - [6] "The state in which things are found at the moment of the treaty, - should be considered as lawful; and if it is meant to make any change - init, the treaty must expressly mention it. Consequently, all things, - about which the treaty is silent, must remain in the state in which - they are found at its conclusion." Vattel, 1. 4. s. 21. - - [7] "Those things of which nothing is said, remain in the state in - which they are." Wolf, 1222. - - [8] Vattel, 1. 4, s. 24.--"The treaty of peace binds the _contracting - parties_ from the moment it is concluded, as soon as it has received - its whole form, and they ought immediately to have it executed. But - this treaty does not bind the _subjects_, but from the moment it is - notified to them." And s. 25.--"The treaty becomes, by its - _publication_, a law for the subjects, and they are obliged, - _thenceforward_, to conform themselvesto the stipulations therein - agreed on." - - [9] "The paction of the peace binds the _contractors_ immediately, as - it is _perfect_, since the obligation is derived from the pact; but - the _subjects_ and soldiers, as soon as it is _published_ to them; - since _they cannot have certain evidence of it before its - publication_." Wolf, s. 1229. - - [10] "Since it is a condition of war, that enemies may be deprived - of all their rights, it is reasonable that everything of an enemy's, - found among his enemies, should change its owner, and go to the - treasury. It is, moreover, usually directed, in all declarations - of war, that the goods of enemies, as well _those found among us_, - as those taken in war, shall beconfiscated. If we follow the mere - right of war, even _immovable_ property may be sold, and its price - carried into the treasury, as is the customwith movable property. - But in almost all Europe, it is only notified that their profits, - during the war, shall be received by the treasury; and the war being - ended, the immovable property itself is restored, by agreement, - to the former owner." Bynk. Ques. Jur. Pub. 1. 1, c. 7. - - [11] "Lors qu'on n'a point marqué de terme pour l'accomplissement du - traité, et pour l'execution de chacun des articles, le bon sens dit - que chaque point doit être executé _aussitôt qu'il est possible_. - C'est sans doute ainsi qu'on l'a entendu." - - [12] Instead of this, Fort Erie was, by error, inserted in my letter - of December 15. - - [13] "If the obstacle be real, time must be given, for no one is - bound to an impossibility." Vattel l. 4, s. 51. - - [14] "No one is bound beyond what he can do, and whether he can, - may be left to the decision of the other prince, as an honest man." - Bynk. Q. J. P. l. 2, c. 10. - - [15] "What I have said of things in action being rightly confiscated - hold thus: If the prince really exacts from his subjects what they - owed to our enemies, if he shall have exacted it, it is rightfully - paid, if he shall not have exacted it, peace being made, the former - right of the creditor revives; accordingly, it is for the most part - agreed among nations, that things in action being confiscated in war, - the peace being made, those which were paid are deemed to have - perished and remain extinct; but those not paid, revive, and are - restored to their true creditors."--Bynk. Q. J. P. l. 1, c. 7. - - [16] In a matter susceptible of no doubt. - - [17] On account of the detention of the debt. - - [18] "If any one is in possession of another's land, so much belongs - to the owner as the use of the land is worth, and so much to the - possessor as his labor and care are worth." - - [19] "If things are to be restored by virtue of the peace, the - profits are also to be restored _from the day of the cession_." - - [20] "To whomsoever a thing is conceded by the peace, to him - also the profits are conceded, _from the time of the concession_, - BUT NOT BACK." - - [21] For documents referred to in this letter, see American - State Papers, Foreign Affairs, vol. ii., p. 216. - - -CIRCULAR TO THE AMERICAN CONSULS. - - Philadelphia, May 31, 1792. - -Sir,--Congress having closed their session on the 8th instant, I have -now the honor to forward you a copy of the laws passed thereat. One of -these, chapter twenty-four, will require your particular attention, as it -contains such regulations relative to the consular office, as it has been -thought proper to establish legislatively. - -With respect to the security required by the sixth section, I would prefer -persons residing within the United States, where the party can procure -such to be his security. In this case, his own bond duly executed may be -sent to me, and his sureties here may enter into a separate bond. Where -the party cannot conveniently find sureties within the United States, -my distance and want of means of knowing their sufficiency, oblige -me to refer him to the minister or chargé des affaires of the United -States, within the same government, if there be one, and if not, then -to the minister of the United States, resident at Paris. The securities -which they shall approve, will be admitted as good. In like manner, the -account for their disbursements, authorized by this law (and no other -can be allowed), are to be settled at stated periods with the minister -or chargé within their residence, if there be one, if none, then with -the minister of the United States at Paris. The person who settles the -account is authorized to pay it. Our consuls in America are not meant to -be included in these directions as to securityship and the settlement -of their accounts, as their situation gives them a more convenient -communication with me. It is also recommended to the consuls to keep an -ordinary correspondence with the minister or chargé to whom they are thus -referred; but it would be also useful, if they could forward directly to -me, from time to time, the prices current of their place, and any other -circumstance which it might be interesting to make known to our merchants -without delay. - -The prices of our funds have undergone some variations within the last -three months. The six per cents were pushed by gambling adventurers up to -twenty-six and a half, or twenty-seven and a half shillings the pound. A -bankruptcy having taken place among these, and considerably affected the -more respectable part of the paper holders, a greater quantity of paper -was thrown suddenly on the market than there was demand or money to take -up. The prices fell to nineteen shillings. This crisis has passed, and -they are getting up towards their value. Though the price of public paper -is considered as the barometer of the public credit, it is truly so only -as to the general average of prices. The real credit of the United States -depends on their ability, and the immutability of their will to pay their -debts. These were as evident when their paper fell to nineteen shillings, -as when it was at twenty-seven shillings. The momentary variation was -like that in the price of corn, or any other commodity, the result of a -momentary disproportion between the demand and supply. - -The unsuccessful issue of our expedition against the savages the last -year, is not unknown to you. More adequate preparations are making for -the present year, and in the meantime, some of the tribes have accepted -peace, and others have expressed a readiness to do the same. - -Another plentiful year has been added to those which had preceded it, and -the present bids fair to be equally so. A prosperity built on the basis of -agriculture is that which is most desirable to us, because to the efforts -of labor it adds the efforts of a greater proportion of soil. The checks, -however, which the commercial regulations of Europe have given to the -sale of our produce, have produced a very considerable degree of domestic -manufacture, which, so far as it is of the household kind, will doubtless -continue, and so far as it is more public, will depend on the continuance -or discontinuance of the European policy. - -I am, with great esteem, Sir, your most obedient humble servant. - - -TO JOHN PAUL JONES. - - Philadelphia, June 1, 1792. - -Sir,--The President of the United States having thought proper to appoint -you commissioner for treating with the Dey and government of Algiers, -on the subjects of peace and ransom of our captives, I have the honor -to enclose you the commission, of which Mr. Thomas Pinckney, now on his -way to London as our Minister Plenipotentiary there, will be the bearer. -Supposing that there exists a disposition to thwart our negotiations with -the Algerines, and that this would be very practicable, we have thought -it advisable that the knowledge of this appointment should rest with the -President, Mr. Pinckney and myself; for which reason you will perceive, -that the commissions are all in my own hand writing. For the same reason, -entire secrecy is recommended to you, and that you so cover from the -public your departure and destination, as that they may not be conjectured -or noticed; and at the same time, that you set out after as short delay -as your affairs will possibly permit. - -In order to enable you to enter on this business with full information, -it will be necessary to give you a history of what has passed. - -On the 25th of July, 1785, the schooner Maria, Captain Stevens, belonging -to a Mr. Foster, of Boston, was taken off Cape St. Vincents, by an -Algerine cruiser; and five days afterwards, the ship Dauphin, Captain -O'Bryan, belonging to Messrs. Irwins, of Philadelphia, was taken by -another, about fifty leagues westward of Lisbon. These vessels, with -their cargoes and crews, twenty-one persons in number, were carried into -Algiers. Mr. John Lambe, appointed agent for treating of peace between -the United States and the government of Algiers, was ready to set out -from France on that business, when Mr. Adams and myself heard of these -two captures. The ransom of prisoners being a case not existing when -our powers were prepared, no provision had been made for it. We thought, -however, we ought to endeavor to ransom our countrymen, without waiting -for orders; but at the same time, that acting without authority, we -should keep within the lowest price which had been given by any other -nation. We therefore gave a supplementary instruction to Mr. Lambe to -ransom our captives, if it could be done for two hundred dollars a man, -as we knew that three hundred French captives had been just ransomed by -the Mathurins, at a price very little above this sum. He proceeded to -Algiers; but his mission proved fruitless. He wrote us word from thence, -that the Dey asked fifty-nine thousand four hundred and ninety-six dollars -for the twenty-one captives, and that it was not probable he would abate -much from that price. But he never intimated an idea of agreeing to -give it. As he has never settled the accounts of his mission, no further -information has been received. It has been said that he entered into a -positive stipulation with the Dey, to pay for the prisoners the price -above mentioned, or something near it; and that he came away with an -assurance to return with the money. We cannot believe the fact true; and -if it were, we disavow it totally, as far beyond his powers. We have never -disavowed it formally, because it has never come to our knowledge with -any degree of certainty. - -In February, 1787, I wrote to Congress to ask leave to employ the -Mathurins of France in ransoming our captives; and on the 19th of -September, I received their orders to do so, and to call for the money -from our bankers at Amsterdam, as soon as it could be furnished. It was -long before they could furnish the money, and as soon as they notified -that they could, the business was put into train by the General of the -Mathurins, not with the appearance of acting for the United States, -or with their knowledge, but merely on the usual ground of charity. -This expedient was rendered abortive by the revolution of France, the -derangement of ecclesiastical orders there and the revocation of church -property, before any proposition, perhaps, had been made in form by the -Mathurins to the Dey of Algiers. I have some reason to believe that Mr. -Eustace, while in Spain, endeavored to engage the court of Spain to employ -their Mathurins in this business; but whether they actually moved in it -or not, I have never learned. - -We have also been told, that a Mr. Simpson of Gibraltar, by the direction -of the Messrs. Bulkeleys of Lisbon, contracted for the ransom of our -prisoners (then reduced by death and ransom to fourteen) at thirty-four -thousand seven hundred and ninety-two dollars. By whose orders they did -it, we could never learn. I have suspected it was some association in -London, which, finding the prices far above their conception, did not go -through with their purpose, which probably had been merely a philanthropic -one. Be this as it may, it was without our authority or knowledge. - -Again, Mr. Cathalan, our consul at Marseilles, without any instruction -from the government, and actuated merely, as we presume, by willingness -to do something agreeable, set on foot another negotiation for their -redemption; which ended in nothing. - -These several volunteer interferences, though undertaken with good -intentions, run directly counter to our plan; which was, to avoid the -appearance of any purpose on our part ever to ransom our captives, and -by that semblance of neglect, to reduce the demands of the Algerines to -such a price, as might make it hereafter less their interest to pursue -our citizens than any others. On the contrary, they have supposed all -these propositions directly or indirectly came from us; they inferred from -thence the greatest anxiety on our part, where we had been endeavoring to -make them suppose there was none; kept up their demands for our captives -at the highest prices ever paid by any nation; and thus these charitable, -though unauthorized interpositions, have had the double effect of -strengthening the chains they were meant to break, and making us at last -set a much higher rate of ransom for our citizens, present and future, -than we probably should have obtained, if we had been left alone to do -our own work in our own way. Thus stands this business then at present. -A formal bargain, as I am informed, being registered in the books of the -former Dey, on the part of the Bulkeleys of Lisbon, which they suppose -to be obligatory on us, but which is to be utterly disavowed, as having -never been authorized by us, nor its source even known to us. - -In 1790, this subject was laid before Congress fully, and at the late -session, moneys have been provided, and authority given to proceed to the -ransom of our captive citizens at Algiers, provided it shall not exceed -a given sum, and provided also, a peace shall be previously negotiated -within certain limits of expense. And in consequence of these proceedings, -your mission has been decided on by the President. - -Since, then, no _ransom_ is to take place without a _peace_, you will of -course take up first the negotiation of peace; or, if you find it better -that peace and ransom should be treated of together, you will take care -that no agreement for the latter be concluded, unless the former be -established before or in the same instant. - -As to the conditions, it is understood that no peace can be made with -that government, but for a larger sum of money to be paid at once for the -whole time of its duration, or for a smaller one to be annually paid. -The former plan we entirely refuse, and adopt the latter. We have also -understood that peace might be bought cheaper with naval stores than with -money; but we will not furnish them with naval stores, because we think -it not right to furnish them means which we know they will employ to do -wrong, and because there might be no economy in it as to ourselves, in the -end, as it would increase the expenses of that coercion which we may in -future be obliged to practise towards them. The only question then, is, -what sum of _money_ will we agree to pay them _annually_, for peace? By a -letter from Captain O'Bryan, a copy of which you will receive herewith, -we have his opinion that a peace could be purchased with _money_, for -sixty thousand pounds sterling, or with _naval stores_, for one hundred -thousand dollars. An annual payment equivalent to the first, would be -three thousand pounds sterling, or thirteen thousand and five hundred -dollars, the interest of the sum in gross. If we could obtain it for as -small a sum as the second, in _money_, the annual payment equivalent to -it would be five thousand dollars. In another part of the same letter, -Captain O'Bryan says, "if maritime stores and two light cruisers be given, -and a tribute paid in maritime stores every two years, amounting to twelve -thousand dollars in America," a peace can be had. The gift of stores -and cruisers here supposed, converted into an annual equivalent, may be -stated at nine thousand dollars, and adding to it half the biennial sum, -would make fifteen thousand dollars, to be annually paid. You will, of -course, use your best endeavors to get it at the lowest sum practicable; -whereupon I shall only say, that we should be pleased with ten thousand -dollars, contented with fifteen thousand, think twenty thousand a very -hard bargain, yet go as far as twenty-five thousand, if it be impossible -to get it for less; but not a copper further, this being fixed by law as -the utmost limit. These are meant as annual sums. If you can put off the -first annual payment to the end of the first year, you may employ any -sum not exceeding that, in presents to be paid down; but if the first -payment is to be made in hand, that and the presents cannot by law exceed -twenty-five thousand dollars. - -And here we meet a difficulty, arising from the small degree of -information we have respecting the Barbary States. Tunis is said to -be tributary to Algiers. But whether the effect of this be, that peace -being made with Algiers, is of course with the Tunisians without separate -treaty, or separate price, is what we know not. If it be possible to have -it placed on this footing, so much the better. In any event, it will be -necessary to stipulate with Algiers, that her influence be interposed -as strongly as possible with Tunis, whenever we shall proceed to treat -with the latter; which cannot be till information of the event of your -negotiation, and another session of Congress. - -As to the articles and form of the treaty in general, our treaty with -Morocco was so well digested that I enclose you a copy of that, to be the -model with Algiers, as nearly as it can be obtained, only inserting the -clause with respect to Tunis. - -The ransom of the captives is next to be considered. They are now thirteen -in number; to wit, Richard O'Bryan and Isaac Stevens, captains, Andrew -Montgomery and Alexander Forsyth, mates, Jacob Tessanier, a French -passenger, William Patterson, Philip Sloan, Peleg Lorin, James Hall, -James Cathcart, George Smith, John Gregory, James Hermit, seamen. It has -been a fixed principle with Congress, to establish the rate of ransom of -American captives with the Barbary States at as low a point as possible, -that it may not be the interest of those States to go in quest of our -citizens in preference to those of other countries. Had it not been for -the danger it would have brought on the residue of our seamen, by exciting -the cupidity of those rovers against them, our citizens now in Algiers -would have been long ago redeemed, without regard to price. The mere money -for this particular redemption neither has been, nor is, an object with -anybody here. It is from the same regard to the safety of our seamen at -large, that they have now restrained us from any ransom unaccompanied -with peace. This being secured, we are led to consent to terms of ransom, -to which, otherwise, our government never would have consented; that is -to say, to the terms stated by Captain O'Bryan in the following passage -of the same letter: "By giving the minister of the marine (the present -Dey's favorite) the sum of one thousand sequins, I would stake my life -that we would be ransomed for thirteen thousand sequins, and all expenses -included." Extravagant as this sum is, we will, under the security of -peace in future, go so far; not doubting, at the same time, that you -will obtain it as much lower as possible, and not indeed without a hope -that a lower ransom will be practicable, from the assurances given us in -other letters from Captain O'Bryan, that prices are likely to be abated -by the present Dey, and particularly with us, towards whom he has been -represented as well disposed. You will consider this sum, therefore, say -twenty-seven thousand dollars, as your ultimate limit, including ransom, -duties, and gratifications of every kind. - -As soon as the ransom is completed, you will be pleased to have the -captives well clothed and sent home at the expense of the United States, -with as much economy as will consist with their reasonable comfort. It -is thought best, that Mr. Pinckney, our minister at London, should be the -confidential channel of communication between us. He is enabled to answer -your drafts for money within the limits before expressed; and as this will -be by re-drawing on Amsterdam, you must settle with him the number of days -_after sight_, at which your bills shall be payable in London, so as to -give him time, in the meanwhile, to draw the money from Amsterdam. - -We shall be anxious to know as soon and as often as possible, your -prospects in these negotiations. You will receive herewith a cypher, which -will enable you to make them with safety. London and Lisbon (where Colonel -Humphreys will forward my letters) will be the safest and best ports of -communication. I also enclose two separate commissions, for the objects -of peace and ransom. To these is added a commission to you as consul for -the United States, at Algiers, on the possibility that it might be useful -for you to remain there till the ratification of the treaties shall be -returned from hence; though you are not to delay till their return the -sending the captives home, nor the necessary payments of money within the -limits before prescribed. Should you be willing to remain there, even -after the completion of the business, as consul for the United States, -you will be free to do so, giving me notice, that no other nomination -may be made. These commissions, being issued during the recess of the -Senate, are in force, by the Constitution, only till the next session of -the Senate. But their renewal then is so much a matter of course and of -necessity, that you may consider that as certain, and proceed without any -interruption. I have not mentioned this in the commissions, because it is -in all cases surplusage, and because it might be difficult of explanation -to those to whom you are addressed. - -The allowance for all your expenses and time (exclusive of the ransom, -price of peace, duties, presents, maintenance and transportation of the -captives) is at the rate of two thousand dollars a year, to commence -from the day on which you shall set out for Algiers, from whatever place -you may take your departure. The particular objects of peace and ransom -once out of the way, the two thousand dollars annually are to go in -satisfaction of time, services, and expenses of every kind, whether you -act as consul or commissioner. - -As the duration of this peace cannot be counted on with certainty, and we -look forward to the necessity of coercion by cruises on their coast, to -be kept up during the whole of their cruising season, you will be pleased -to inform yourself, as minutely as possible, of every circumstance which -may influence or guide us in undertaking and conducting such an operation, -making your communications by safe opportunities. - -I must recommend to your particular notice, Captain O'Bryan, one of the -captives, from whom we have received a great deal of useful information. -The zeal which he has displayed under the trying circumstances of -his present situation, has been very distinguished. You will find him -intimately acquainted with the manner in which, and characters with whom -business is to be done there, and perhaps he may be an useful instrument -to you, especially in the outset of your undertaking, which will require -the utmost caution and the best information. He will be able to give you -the characters of the European consuls there, though you will, probably, -not think it prudent to repose confidence in any of them. - -Should you be able successfully to accomplish the objects of your mission -in time to convey notice of it to us as early as possible during the next -session of Congress, which meets in the beginning of November and rises -the 4th of March, it would have a very pleasant effect. - -I am, with great esteem, Sir, your most obedient, and most humble servant. - - -TO MR. MADISON. - - Philadelphia, June 4, 1792. - -Dear Sir,--I wrote you on the 1st inst., which I will call No. 1, and -number my letters in future that you may know when any are missing. Mr. -Hammond has given me an answer in writing, saying, he must send my letter -to his court and wait their instructions. On this I desired a personal -interview, that we might consider the matter together in a familiar way. -He came accordingly, yesterday, and took a solo dinner with me, during -which our conversation was full, unreserved, and of a nature to inspire -mutual confidence. The result was that he acknowledged explicitly that his -country had hitherto heard one side of the question only, and that from -prejudiced persons, that it was now for the first time discussed, that it -was placed on entirely new ground, his court having no idea of a charge of -first infractions on them, and a justification on that ground of what had -been done by our States, that this made it quite a new case to which no -instructions he had could apply. He found, from my expressions, that I had -entertained an idea of his being able to give an order to the Governor of -Canada to deliver up the posts, and smiled at the idea; and it was evident -from his conversation that it had not at all entered into the expectations -of his court that they were to deliver up the posts. He did not say so -expressly, but he said that they considered the retaining of the posts as -a very imperfect compensation for the losses their subjects had sustained; -under the cover of the clause of the treaty which admits them to the -navigation of the Mississippi, and the evident mistake of the negotiators -in supposing that a line due west from the Lake of the Woods would strike -the Mississippi, he suppose an explanatory convention necessary, and -showed a desire that such a slice of our Northwestern Territory might be -cut off for them as would admit them to the navigation and profit of the -Mississippi, &c., &c. He expects he can have his final instructions by -the meeting of Congress. I have not yet had the conversation mentioned in -my last. Do you remember that you were to leave me a list of names? Pray -send them to me. My only view is that, if the P. asks me for a list of -particulars, I may enumerate names to him, without naming my authority, -and show him that I had not been speaking merely at random. If we do not -have our conversation before, I can make a comparative table of the debts -and numbers of all modern nations. I will show him how high we stand -indebted by the poll in that table. I omitted Hammond's admission that the -debt from the Potowmac North might be considered as liquidated, that that -of Virginia was now the only great object, and cause of anxiety, amounting -to two millions sterling. Adieu. Yours, affectionately. - - -TO THOMAS BARCLAY, ESQUIRE. - - Philadelphia, June 11, 1792. - -Sir,--Congress having furnished me with means for procuring peace, and -ransoming our captive citizens from the government of Algiers, I have -thought it best, while you are engaged at Morocco, to appoint Admiral -Jones to proceed to Algiers, and therefore have sent him a commission for -establishing peace, another for the ransom of our captives, and a third -to act there as consul for the United States, and full instructions are -given in a letter from the Secretary of State to him, of all which papers, -Mr. Pinckney, now proceeding to London as our Minister Plenipotentiary -there, is the bearer, as he is also of this letter. It is some time, -however, since we have heard of Admiral Jones, and as in the event of any -accident to him, it might occasion an injurious delay, were the business -to await new commissions from hence, I have thought it best in such an -event, that Mr. Pinckney should forward to you all the papers addressed to -Admiral Jones, with this letter, signed by myself, giving you authority on -receipt of those papers, to consider them addressed to you, and to proceed -under them in every respect as if your name stood in each of them in the -place of that of John Paul Jones. You will of course finish the business -of your mission to Morocco with all the dispatch practicable, and then -proceed to Algiers on that hereby confided to you, where this letter, -with the commissions addressed to Admiral Jones, and an explanation of -circumstances, will doubtless procure you credit as acting in the name -and on the behalf of the United States, and more especially when you shall -efficaciously prove your authority by the fact of making on the spot, the -payments you shall stipulate. With full confidence in the prudence and -integrity with which you will fulfill the objects of the present mission, -I give to this letter the effect of a commission and full powers, by -hereunto subscribing my name, this eleventh day of June, one thousand -seven hundred and ninety-two. - - -TO MR. PINCKNEY. - - Philadelphia, June 11, 1792. - -Dear Sir,--I have already had the honor of delivering to you your -commission as Minister Plenipotentiary of the United States at the court -of London, and have now that of enclosing your letter of credence to the -King, sealed, and a copy of it open for your own information. Mr. Adams, -your predecessor, seemed to understand, on his being presented to that -court, that a letter was expected for the Queen also. You will be pleased -to inform yourself whether the custom of that court requires this from -us: and to enable you to comply with it, if it should, I enclose a letter -sealed for the Queen, and a copy of it open for your own information. -Should its delivery not be requisite you will be so good as to return -it, as we do not wish to set a precedent which may bind us hereafter -to a single unnecessary ceremony. To you, Sir, it will be unnecessary -to undertake a general delineation of the duties of the office to which -you are appointed. I shall therefore only express a desire that they be -constantly exercised in that spirit of sincere friendship which we bear to -the English nation, and that in all transactions with the minister, his -good dispositions be conciliated by whatever in language or attentions -may tend to that effect. With respect to their government, or policy, as -concerning themselves or other nations, we wish not to intermeddle in word -or deed, and that it be not understood that our government permits itself -to entertain either a will or opinion on the subject. - -I particularly recommend to you, as the most important of your charges, -the patronage of our commerce, and its liberation from embarrassments -in all the British dominions; but most especially in the West Indies. -Our consuls in Great Britain and Ireland are under general instructions -to correspond with you, as you will perceive by a copy of a circular -letter lately written to them, and now enclosed. From them you may often -receive interesting information. Mr. Joshua Johnson is consul for us at -London, James Maury, at Liverpool, Elias Vanderhorst, at Bristol, Thomas -Auldjo, vice-consul at Pool (resident at Cowes), and William Knox, consul -at Dublin. The jurisdiction of each is exclusive and independent, and -extends to all places within the same allegiance nearer to him than to -the residence of any other consul or vice-consul of the United States. The -settlement of their accounts from time to time, and the payment of them, -are referred to you, and in this, the act respecting consuls and any other -laws made, or to be made, are to be your guide. Charges which these do -not authorize, you will be pleased not to allow. These accounts are to be -settled up to the first day of July in every year, and to be transmitted -to the Secretary of State. - -The peculiar custom in England, of impressing seamen on every appearance -of war, will occasionally expose our seamen to peculiar oppressions and -vexations. These will require your most active exertions and protection, -which we know cannot be effectual without incurring considerable expense; -and as no law has as yet provided for this, we think it fairer to take -the risk of it on the executive than to leave it on your shoulders. You -will, therefore, with all due economy, and on the best vouchers the nature -of the case will admit, meet those expenses, transmitting an account of -them to the Secretary of State, to be communicated to the Legislature. -It will be expedient that you take proper opportunities in the meantime, -of conferring with the minister on this subject, in order to form some -arrangement for the protection of our seamen on those occasions. We -entirely reject the mode which was the subject of a conversation between -Mr. Morris and him, which was, that our seamen should always carry about -them certificates of their citizenship. This is a condition never yet -submitted to by any nation, one with which seamen would never have the -precaution to comply; the casualties of their calling would expose them -to the constant destruction or loss of this paper evidence, and thus, -the British government would be armed with _legal authority_ to impress -the whole of our seamen. The simplest rule will be, that the vessel -being American, shall be evidence that the seamen on board her are such. -If they apprehend that our vessels might thus become asylums for the -fugitives of their own nation from impress-gangs, the number of men to -be protected by a vessel may be limited by her tonnage, and one or two -officers only be permitted to enter the vessel in order to examine the -numbers on board; but no press-gang should be allowed ever to go on board -an American vessel, till after it shall be found that there are more than -their stipulated number on board, nor till after the master shall have -refused to deliver the supernumeraries (to be named by himself) to the -press-officer who has come on board for that purpose; and even then, the -American consul should be called in. In order to urge a settlement of this -point, before a new occasion may arise, it may not be amiss to draw their -attention to the peculiar irritation excited on the last occasion, and -the difficulty of avoiding our making immediate reprisals on their seamen -here. You will be so good as to communicate to me what shall pass on this -subject, and it may be made an article of convention, to be entered into -either there or here. - -You will receive herewith a copy of the journals of the ancient Congress, -and of the laws, journals and reports of the present. Those for the -future, with gazettes and other interesting papers, shall be sent you -from time to time; and I shall leave you generally to the gazettes, for -whatever information is in possession of the public, and shall especially -undertake to communicate by letter, such only relative to the business -of your mission as the gazetteers cannot give. From you I ask, once or -twice a month, a communication of interesting occurrences in England, -of the general affairs of Europe, the court gazette, the best paper in -the interest of the ministry and the best of the opposition party, most -particularly, that one of each which shall give the best account of the -debates of parliament, the parliamentary register annually, and such -other political publications as may be important enough to be read by one -who can spare little time to read anything, or which may contain matter -proper to be kept and turned to, on interesting subjects and occasions. -The English packet is the most certain channel for such epistolary -communications as are not very secret, and intermediate occasions by -private vessels may be resorted to for secret communications, and for such -as would come too expensively burthened with postage, by the packets. You -are furnished with a cypher for greater secrecy of communication. To the -papers before mentioned, I must desire you to add the Leyden gazette, -paper by paper as it comes out, by the first vessel sailing after its -receipt. - -I enclose you the papers in the case of a Mr. Wilson, ruined by the -capture of his vessel, after the term limited by the armistice. They will -inform you of the circumstances of his case, and where you may find him -personally, and I recommend his case to your particular representations -to the British court. It is possible that other similar cases may be -transmitted to you. You have already received some letters of Mr. Adams' -explanations of the principles of the armistice, and of what had passed -between him and the British minister on the subject. - -Mr. Greene, of Rhode Island, will deliver you his papers, and I am to -desire that you may patronize his claims so far as shall be just and -right, leaving to himself and his agent to follow up the minute details of -solicitation, and coming forward yourself only when there shall be proper -occasion for you to do so in the name of your nation. - -Mr. Cutting has a claim against the government, vouchers for which he is -to procure from England. As you are acquainted with the circumstances of -it, I have only to desire that you will satisfy yourself as to the facts -relative thereto, the evidence of which cannot be transmitted, and that -you will communicate the same to me, that justice may be done between the -public and the claimant. - -We shall have occasion to ask your assistance in procuring a workman or -two for our mint; but this shall be the subject of a separate letter, -after I shall have received more particular explanations from the director -of the mint. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO THOMAS PINCKNEY. - - Philadelphia, June 11, 1792. - -Sir,--The letter I have addressed to Admiral Jones, of which you have -had the perusal, has informed you of the mission with which the President -has thought proper to charge him at Algiers, and how far your agency is -desired for conveying to him the several papers, for receiving and paying -his drafts to the amount therein permitted, by re-drawing yourself on -our bankers in Amsterdam who are instructed to honor your bills, and by -acting as a channel of correspondence between us. It has been some time, -however, since we have heard of Admiral Jones. Should any accident have -happened to his life, or should you be unable to learn where he is, or -should distance, refusal to act, or any other circumstance deprive us of -his services on this occasion, or be likely to produce too great a delay, -of which you are to be the judge, you will then be pleased to send all -the papers confided to you for him, to Mr. Thomas Barclay, our consul at -Morocco, with the letter addressed to him, which is delivered you open, -and by which you will perceive that he is, in that event, substituted -to every intent and purpose in the place of Admiral Jones. You will be -pleased not to pass any of the papers confided to you on this business, -through any post office. - -I have the honor to be, with great and sincere esteem, Sir, your most -obedient humble servant. - - -TO MR PINCKNEY. - - Philadelphia, June 14, 1792. - -Sir,--The United States being now about to establish a mint, it becomes -necessary to ask your assistance in procuring persons to carry on some -parts of it; and to enable you to give it, you must be apprised of some -facts. - -Congress, some time ago, authorized the President to take measures for -procuring some artists from any place where they were to be had. It was -known that a Mr. Drost, a Swiss, had made an improvement in the method -of coining, and some specimens of his coinage were exhibited here, which -were superior to anything we had ever seen. Mr. Short was, therefore, -authorized to engage Drost to come over, to erect the proper machinery, -and instruct persons to go on with the coinage; and as he supposed this -would require about a year, we agreed to give him a thousand louis a year -and his expenses. The agreement was made, two coining mills, or screws, -were ordered by him; but in the end, he declined coming. We have reason to -believe he was drawn off by the English East India Company, and that he is -now at work for them in England. Mr. Bolton had also made a proposition -to coin for us in England, which was declined. Since this, the act has -been passed for establishing our mint, which authorizes, among other -things, the employment of an assayer at fifteen hundred dollars a year, -a chief coiner at the same, and an engraver at twelve hundred dollars. -But it admits of the employment of one person, both as engraver and chief -coiner; this we expect may be done, as we presume that any engraver who -has been used to work for a coinage, must be well enough acquainted with -all the operations of coinage to direct them; and it is an economy worth -attention, if we can have the services performed by one officer instead -of two, in which case, it is proposed to give him the salary of the chief -coiner, that is to say, fifteen hundred dollars a year. I have, therefore, -to request that you will endeavor, on your arrival in Europe, to engage -and send us an assayer of approved skill and well-attested integrity, -and a chief coiner and engraver, in one person, if possible, acquainted -with all the improvements in coining, and particularly those of Drost -and Bolton. Their salaries may commence from the day of their sailing -for America. If Drost be in England, I think he will feel himself under -some obligation to aid you in procuring persons. How far Bolton will do -it, seems uncertain. You will, doubtless, make what you can of the good -dispositions of either of these or any other person. Should you find it -impracticable to procure an engraver capable of performing the functions -of chief coiner also, we must be content that you engage separate -characters. Let these persons bring with them all the implements necessary -for carrying on the business, except such as you shall think too bulky -and easily made here. It would be proper, therefore, that they should -consult you as to the necessary implements and their prices, that they may -act under your control. The method of your paying for these implements -and making reasonable advances to the workmen, shall be the subject of -another letter, after the President shall have decided thereon. It should -be a part of the agreement of these people, that they will faithfully -instruct all persons in their art, whom we shall put under them for that -purpose. Your contract with them, may be made for any term not exceeding -four years. - -I have the honor to be, with great and much esteem, dear Sir, your most -obedient, and most humble servant. - -P. S. Should you not be able to procure persons of eminent qualifications -for their business, in England, it will be proper to open a correspondence -with Mr. Morris on the subject, and see whether he cannot get such -from France. Next to the obtaining the ablest artists, a very important -circumstance is to send them to us as soon as possible. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, June 16, 1792. - -Dear Sir,--My last to you was of March the 28th. Yours of April the 6th -and 10th came to hand three days ago. - -With respect to the particular objects of commerce susceptible of being -placed on a better footing, on which you ask my ideas, they will show -themselves by the enclosed table of the situation of our commerce with -France and England. That with France is stated as it stood at the time -I left that country, when the only objects whereon change was still -desirable, were those of salted provisions, tobacco and tar, pitch and -turpentine. The first was in negotiation when I came away, and was pursued -by Mr. Short with prospects of success, till their general tariff so -unexpectedly deranged our commerce with them as to other articles. Our -commerce with their West Indies had never admitted amelioration during -my stay in France. The temper of that period did not allow even the -essay, and it was as much as we could do to hold the ground given us by -the Marshal de Castries' _Arret_, admitting us to their colonies with -salted provisions, &c. As to both these branches of commerce, to wit, -with France and her colonies, we have hoped they would pursue their own -proposition of arranging them by treaty, and that we could draw that -treaty to this place. There is no other where the dependence of their -colonies on our States for their prosperity is so obvious as here, nor -where their negotiator would feel it so much. But it would be imprudent -to leave to the uncertain issue of such a treaty, the re-establishment -of our commerce with _France_ on the footing on which it was in the -beginning of their revolution. That treaty may be long on the anvil; in -the meantime, we cannot consent to the late innovations, without taking -measures to do justice to our own navigation. This object, therefore, is -particularly recommended to you, while you will also be availing yourself -of every opportunity which may arise, of benefiting our commerce in any -other part. I am in hopes you will have found the moment favorable on your -arrival in France, when Monsieur Claviere was in the ministry, and the -dispositions of the National Assembly favorable to the ministers. Your -cypher has not been sent hitherto, because it required a most confidential -channel of conveyance. It is now committed to Mr. Pinckney, who also -carries the gazettes, laws, and other public papers for you. We have been -long without any vessel going to Havre. Some of the Indian tribes have -acceded to terms of peace. The greater part, however, still hold off, -and oblige us to pursue more vigorous measures for war. I enclose you an -extract from a circular letter to our consuls, by which you will perceive -that those in countries where we have no diplomatic representative, are -desired to settle their accounts annually with the minister of the United -States at Paris. This business, I must desire you to undertake. The act -concerning consuls will be your guide, and I shall be glad that the first -of July be the day to which their accounts shall be annually settled and -paid, and that they may be forwarded as soon after that as possible to -the office of the Secretary of State, to enter into the general account -of his department, which it is necessary he should make up always before -the meeting of Congress. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - -P. S. I have said nothing of our whale oil, because I believe it is on a -better footing since the tariff than before. - - -TO M. DE LA FAYETTE. - - Philadelphia, June 16, 1792. - -Behold you, then, my dear friend, at the head of a great army establishing -the liberties of your country against a foreign enemy. May heaven favor -your cause, and make you the channel through which it may pour its -favors. While you are estimating the monster Aristocracy, and pulling out -the teeth and fangs of its associate, Monarchy, a contrary tendency is -discovered in some here. A sect has shown itself among us, who declare -they espoused our new Constitution not as a good and sufficient thing in -itself, but only as a step to an English constitution, the only thing -good and sufficient in itself, in their eye. It is happy for us that -these are preachers without followers, and that our people are firm and -constant in their republican purity. You will wonder to be told that it -is from the eastward chiefly that these champions for a king, lords, and -commons, come. They get some important associates from New York, and are -puffed up by a tribe of Agioteurs which have been hatched in a bed of -corruption made up after the model of their beloved England. Too many -of these stock-jobbers and king-jobbers have come into our Legislature, -or rather too many of our Legislature have become stock-jobbers and -king-jobbers. However, the voice of the people is beginning to make itself -heard, and will probably cleanse their seats at the ensuing election. -The machinations of our old enemies are such as to keep us still at -bay with our Indian neighbors. What are you doing for your colonies? -They will be lost, if not more effectually succored. Indeed, no future -efforts you can make will ever be able to reduce the blacks. All that -can be done, in my opinion, will be to compound with them, as has been -done formerly in Jamaica. We have been less zealous in aiding them, lest -your government should feel any jealousy on our account. But, in truth, -we as sincerely wish their restoration and their connection with you, as -you do yourselves. We are satisfied that neither your justice nor their -distresses will ever again permit their being forced to seek at dear and -distant markets those first necessaries of life which they may have at -cheaper markets, placed by nature at their door, and formed by her for -their support. What is become of Madame de Tessy and Madame de Tott? I -have not heard of them since they went to Switzerland. I think they would -have done better to have come and reposed under the poplars of Virginia. -Pour into their bosoms the warmest effusions of my friendship, and tell -them they will be warm and constant unto death. Accept of them also for -Madame de La Fayette, and your dear children; but I am forgetting that -you are in the field of war, and they I hope in those of peace. Adieu, my -dear friend. God bless you all. Yours affectionately. - - -TO MR. BARLOW. - - Philadelphia, June 20, 1792. - -Dear Sir,--Though I am in hopes you are now on the ocean home-bound, yet -I cannot omit the chance of my thanks reaching you, for your "Conspiracy -of Kings" and advice to the privileged orders, the second part of which I -am in hopes is out by this time. Be assured that your endeavors to bring -the trans-Atlantic world into the road of reason, are not without their -effect here. Some here are disposed to move retrograde, and to take their -stand in the rear of Europe, now advancing to the high ground of natural -right; but of all this your friend Mr. Baldwin gives you information, and -doubtless paints to you the indignation with which the heresies of some -people here fill us. - -This will be conveyed by Mr. Pinckney, an honest, sensible man, and good -republican. He goes our Minister Plenipotentiary to London. He will arrive -at an interesting moment in Europe. God send that all the nations who join -in attacking the liberties of France may end in the attainment of their -own. I still hope this will not find you in Europe, and therefore add -nothing more than assurances of affectionate esteem from, dear Sir, your -sincere friend and servant. - - -TO PETER CARR. - - Philadelphia, June 22, 1792. - -Dear Sir,--I received in due time your favor of May 28, with the notes -it contained on the subject of Waste. Your view of the subject, as far -as it goes, is perfectly proper. Perhaps, on such a question in this -country, where the husbandry is so different, it might be necessary to go -further, and inquire whether any difference of this kind should produce -a difference in the law. The main objects of the law of waste in England -are, 1st, to prevent any disguise of the lands which might lessen the -revisioner's evidence of title, such as the change of pasture into arable; -2d, to prevent any deterioration of it, as the cutting down forest, which -in England is an injury. So careful is the law there against permitting -a deterioration of the land, that though it will permit such improvements -_in the same line_, as manuring arable lands, leading water into pasture -lands, &c., yet it will not permit improvements _in a different line_, -such as erecting buildings, converting pasture into arable, &c., lest -this should lead to a deterioration. Hence we might argue in Virginia, -that though the cutting down of forest in Virginia is, in our husbandry, -rather an improvement generally, yet it is not so always, and therefore it -is safer never to admit it. Consequently, there is no reason for adopting -different rules of waste here from those established in England. - -Your objection to Lord Kaims, that he is too metaphysical, is just, and -it is the chief objection to which his writings are liable. It is to -be observed also, that though he has given us what should be the system -of equity, yet it is not the one actually established, at least not in -all its parts. The English Chancellors have gone on from one thing to -another without any comprehensive or systematic view of the whole field -of equity, and therefore they have sometimes run into inconsistencies and -contradictions. - -Never fear the want of business. A man who qualifies himself well for -his calling, never fails of employment in it. The foundation you will -have laid in legal reading, will enable you to take a higher ground than -most of your competitors, and even ignorant men can see who it is that -is not one of themselves. Go on then with courage, and you will be sure -of success; for which be assured no one wishes more ardently, nor has -more sincere sentiments of friendship towards you, than, dear Sir, your -affectionate friend. - - -TO MR. VAN BERCKEL. - - Philadelphia, July 2, 1792. - -Sir,--It was with extreme concern that I learned from your letter of -June the 25th, that a violation of the protection due to you as the -representative of your nation had been committed, by an officer of this -State entering your house and serving therein a process on one of your -servants. There could be no question but that this was a breach of -privilege; the only one was, how it was to be punished. To ascertain -this, I referred your letter to the Attorney General, whose answer I -have the honor to enclose you. By this you will perceive, that from the -circumstance of your servant's not being registered in the Secretary -of State's office, we cannot avail ourselves of the more certain and -effectual proceeding which had been provided by an act of Congress for -punishing infractions of the law of nations, that act having thought -proper to confine the benefit of its provisions to such domestics only, as -should have been registered. We are to proceed, therefore, as if that act -had never been made, and the Attorney General's letter indicates two modes -of proceeding. 1. By a warrant before a single magistrate, to recover the -money paid by the servant under a process declared void by law. Herein -the servant must be the actor, and the government not intermeddle at all. -The smallness of the sum to be re-demanded will place this cause in the -class of those in which no appeal to the higher tribunal is permitted, -even in the case of manifest error, so that if the magistrate should err, -the government has no means of correcting the error. 2. The second mode -of proceeding would be, to indict the officer in the Supreme Court of the -United States; with whom it would rest to punish him at their discretion, -in proportion to the injury done and the malice from which it proceeded; -and it would end in punishment alone, and not in a restitution of the -money. In this mode of proceeding, the government of the United States is -actor, taking the management of the cause into its own hands, and giving -you no other trouble than that of bearing witness to such material facts -as may not be otherwise supported. You will be so good as to decide in -which of these two ways you would choose the proceeding should be; if -the latter, I will immediately take measures for having the offender -prosecuted according to law. - -I have the honor to be, with sentiments of respect, Sir, your most -obedient, and most humble servant. - - -TO HIS EXCELLENCY THE GOVERNOR OF GEORGIA. - - Philadelphia, July 3, 1792. - -Sir,--I have the honor to enclose to your Excellency, the copy of a -letter I have received from his Catholic Majesty's representatives -here, in consequence of a complaint from the Governor of Florida, that -three inhabitants of the State of Georgia, to wit, Thomas Harrison, -David Rees, and William Ewin, had entered the Spanish territory and -brought from thence five negro slaves, the property of John Blackwood, a -Spanish subject, without his consent, in violation of the rights of that -State and the peace of the two countries. I had formerly had the honor -of sending you a copy of the convention entered into between the said -Governor and Mr. Leagrove, on the part of the United States for the mutual -restitution of fugitive slaves. I now take the liberty of requesting your -Excellency to inform me what is done, or likely to be done with you for -the satisfaction of the Spanish government in this instance. Nobody knows -better than your Excellency the importance of restraining individuals from -committing the peace and honor of the two nations, and I am persuaded that -nothing will be wanting on your part to satisfy the just expectations of -the government of Florida on the present occasion. I have the honor to -be, with great respect, your Excellency's most obedient, and most humble -servant. - - -TO MESSRS. DE VIAR AND JAUDENES. - - Philadelphia, July 9, 1792. - -Gentlemen,--Information has been received that the government of West -Florida has established an agent within the territory of the United -States, belonging to the Creek Indians, and it is even pretended that -that agent has excited those Indians to oppose the making a boundary -between their district and that of the citizens of the United States. -The latter is so inconsistent with the dispositions to friendship and -good neighborhood which Spain has always expressed towards us, with that -concert of interest which would be so advantageous to the two nations, and -which we are disposed sincerely to promote, that we find no difficulty in -supposing it erroneous. The sending an agent within our limits we presume -has been done without the authority or knowledge of your Government. -It has certainly been the usage, where one nation has wished to employ -agents of any kind within the limits of another, to obtain the permission -of that other, and even to regulate by convention and on principles of -reciprocity, the functions to be exercised by such agents. It is not -to a nation whose dominions are circumstanced as those of Spain in our -neighborhood, that we need develop the inconveniences of permitting -reciprocally the unlicensed mission of agents into the territories of each -other. I am persuaded nothing more is necessary than to bring the fact -under the notice of your Government in order to its being rectified, which -is the object of my addressing you on this occasion; with every assurance -that you will make the proper communications on the subject to your court. -I have the honor to be, with sentiments of perfect esteem and respect, -Gentlemen, your most obedient, and most humble servant. - - -TO COLONEL HUMPHREYS. - - Philadelphia, July 12, 1792. - -Dear Sir,--We have been very long indeed without any vessel going from -this port to Lisbon. This is the reason why I have been so long without -acknowledging the receipt of your letters. Your Nos. from 45 to 53 -inclusive are received, except No. 52, not yet come to hand. The President -set out yesterday for Virginia, and I shall follow him to-morrow. During -my absence the public papers will be forwarded to you by every opportunity -by Mr. Taylor, with whom this letter is left, as we know of no present -opportunity of forwarding it. The State of Vermont has lately taken some -decisive step to extend its jurisdiction nearer to the British ports than -has hitherto been done. This has produced a complaint from Mr. Hammond. We -shall endeavor to keep things quiet, in hopes of voluntary justice from -them. We shall probably have no campaign this year against the Indians. -There are some hopes they will accept of peace and the rather as we have -never asked anything in return for it. We really wish not to hurt them. I -need not repeat occurrences which you will see in the gazettes. I am, with -great and sincere esteem, dear Sir, your most obedient, and most humble -servant. - - -TO HIS EXCELLENCY GOVERNOR LEE. - - Monticello, August 13, 1792. - -Sir,--It was not till yesterday that I was honored with the receipt -of yours of July 23d, or it should have been sooner answered. I am of -opinion that all communications between nations should pass through the -channels of their Executives. However, in the instance of condolence on -the death of Dr. Franklin, the letter from our general government was -addressed to the President of the National Assembly; so was a letter -from the Legislature of Pennsylvania, containing congratulations on the -achievement of liberty to the French nation. I have not heard that, in -either instance, their Executive took it amiss that they were not made -the channel of communication. Perhaps, therefore, this method may at -present be the safest, as it is not quite certain that the sentiments of -their executive and legislative are exactly the same on the subject on -which you have to address them. I cannot better justify the honor of your -consultation than by thus giving you my ideas without reserve, and beg you -to be assured of the sentiments of respect and esteem, with which I have -the honor to be, your Excellency's most obedient, and most humble servant. - - -TO MR. PALESKE. - - Monticello, August 19, 1792. - -Sir,--I have received at this place your favor of the 9th instant, wherein -you request, that agreeably to the treaty of commerce between the United -States and his Prussian Majesty, his consul general be acknowledged as -belonging to a most favored nation; that the privileges and immunities -due to a consul general of the most favored nation be granted to his -consul general, and that commissioners be appointed to regulate, by -particular convention, the functions of the consuls and vice-consuls of -the respective nations. - -Treaties of the United States duly made and ratified, as is that with -his Prussian Majesty, constitute a part of the law of the land, and need -only promulgation to oblige all persons to obey them, and to entitle -all to those privileges which such treaties confer. That promulgation -having taken place, no other act is necessary or proper on the part of -our government, according to our rules of proceeding, to give effect to -the treaty. This treaty, however, has not specified the privileges or -functions of consuls; it has only provided that these "shall be regulated -by particular agreement." To the proposition to proceed as speedily as -possible to regulate these functions by a convention, my absence from the -seat of government does not allow me to give a definitive answer. I know, -in general, that it would be agreeable to our government, on account of -the recent changes in its form, to suspend for awhile the contracting -specific engagements with foreign nations, until something more shall be -seen of the direction it will take, and of its mode of operation, in order -that our engagements may be so moulded to that, as to insure the exact -performance of them which we are desirous ever to observe. Should this be -the sentiment of our government on the present occasion, the friendship of -his Prussian Majesty is a sufficient reliance to us for that delay which -our affairs might require for the present; and the rather, as his vessels -are not yet in the habit of seeking our ports, and for the few cases which -may occur for some time, our own laws, copied mostly in this respect -from those of a very commercial nation, have made the most material of -those provisions which could be admitted into a special convention for -the protection of vessels, their crews and cargoes, coming hither. We -shall on this, however, and every other occasion, do everything we can to -manifest our friendship to his Prussian Majesty and our desire to promote -commercial intercourse with his subjects; and of this, we hope, he will -be fully assured. - -I have the honor to be, with great respect, Sir, your most obedient, and -most humble servant. - - -TO THE MINISTER PLENIPOTENTIARY OF FRANCE. - - August 27, 1792. - -Sir,--Your letter of the 2d instant, informing me that the Legislative -body, on the proposition of the King of the French, had declared war -against the King of Hungary and Bohemia, has been duly received, and is -laid before the President of the United States; and I am authorized to -convey to you the expression of the sincere concern we feel on learning -that the French nation, to whose friendship and interests we have the -strongest attachment, are now to encounter the evils of war. We offer our -prayers to Heaven that its duration may be short, and its course marked -with as few as may be of those calamities which render the condition of -war so afflicting to humanity, and we add assurances that, during its -course, we shall continue in the same friendly dispositions, and render -all those good offices which shall be consistent with the duties of a -neutral nation. - -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 PRESIDENT OF THE UNITED STATES. - - Monticello, September 9, 1792. - -Dear Sir,--I received on the 2d instant the letter of August 23d, -which you did me the honor to write me; but the immediate return of our -post, contrary to his custom, prevented my answer by that occasion. The -proceedings of Spain, mentioned in your letter, are really of a complexion -to excite uneasiness, and a suspicion that their friendly overtures -about the Mississippi, have been merely to lull us while they should be -strengthening their holds on that river. Mr. Carmichael's silence has -been long my astonishment; and however it might have justified something -very different from a new appointment, yet the public interest certainly -called for his junction with Mr. Short, as it is impossible but that -his knowledge of the ground of negotiation, of persons and characters, -must be useful and even necessary to the success of the mission. That -Spain and Great Britain may understand one another on our frontiers -is very possible; for however opposite their interests or disposition -may be in the affairs of Europe, yet while these do not call them into -opposite action, they may concur as against us. I consider their keeping -an agent in the Indian country as a circumstance which requires serious -interference on our part; and I submit to your decision whether it does -not furnish a proper occasion to us to send an additional instruction to -Messrs. Carmichael and Short to insist on a mutual and formal stipulation -to forbear employing agents or pensioning any persons within each other's -limits; and if this be refused, to propose the contrary stipulation, to -wit, that each party may freely keep agents within the Indian territories -of the other, in which case we might soon sicken them of the license. - -I now take the liberty of proceeding to that part of your letter wherein -you notice the internal dissensions which have taken place within our -government, and their disagreeable effect on its movements. That such -dissensions have taken place is certain, and even among those who are -nearest to you in the administration. To no one have they given deeper -concern than myself; to no one equal mortification at being myself -a part of them. Though I take to myself no more than my share of the -general observations of your letter, yet I am so desirous ever that you -should know the whole truth, and believe no more than the truth, that -I am glad to seize every occasion of developing to you whatever I do or -think relative to the government; and shall, therefore, ask permission -to be more lengthy now than the occasion particularly calls for, or could -otherwise perhaps justify. - -When I embarked in the government, it was with a determination to -intermeddle not at all with the Legislature, and as little as possible -with my co-departments. The first and only instance of variance from -the former part of my resolution, I was duped into by the Secretary -of the Treasury, and made a tool for forwarding his schemes, not then -sufficiently understood by me; and of all the errors of my political life, -this has occasioned me the deepest regret. It has ever been my purpose to -explain this to you, when, from being actors on the scene, we shall have -become uninterested spectators only. The second part of my resolution has -been religiously observed with the War Department; and as to that of the -Treasury, has never been further swerved from than by the mere enunciation -of my sentiments in conversation, and chiefly among those who, expressing -the same sentiments, drew mine from me. If it has been supposed that I -have ever intrigued among the members of the Legislature to defeat the -plans of the Secretary of the Treasury, it is contrary to all truth. As -I never had the desire to influence the members, so neither had I any -other means than my friendships, which I valued too highly to risk by -usurpation on their freedom of judgment, and the conscientious pursuit of -their own sense of duty. That I have utterly, in my private conversations, -disapproved of the system of the Secretary of the Treasury, I acknowledge -and avow; and this was not merely a speculative difference. His system -flowed from principles adverse to liberty, and was calculated to undermine -and demolish the Republic, by creating an influence of his department over -the members of the Legislature. I saw this influence actually produced, -and its first fruits to be the establishment of the great outlines of his -project by the votes of the very persons who, having swallowed his bait, -were laying themselves out to profit by his plans; and that had these -persons withdrawn, as those interested in a question ever should, the -vote of the disinterested majority was clearly the reverse of what they -made it. These were no longer the votes then of the representatives of -the people, but of deserters from the rights and interests of the people; -and it was impossible to consider their decisions, which had nothing -in view but to enrich themselves, as the measures of the fair majority, -which ought always to be respected. If, what was actually doing, begat -uneasiness in those who wished for virtuous government, what was further -proposed was not less threatening to the friends of the Constitution. -For, in a report on the subject of manufactures, (still to be acted -on,) it was expressly assumed that the General Government has a right to -exercise all powers which may be for the _general welfare_, that is to -say, all the legitimate powers of government; since no government has a -legitimate right to do what is not for the welfare of the governed. There -was, indeed, a sham limitation of the universality of this power _to cases -where money is to be employed_. But about what is it that money cannot be -employed? Thus the object of these plans, taken together, is to draw all -the powers of government into the hands of the general Legislature, to -establish means for corrupting a sufficient corps in that Legislature to -divide the honest votes, and preponderate, by their own, the scale which -suited, and to have the corps under the command of the Secretary of the -Treasury, for the purpose of subverting, step by step, the principles of -the Constitution which he has so often declared to be a thing of nothing, -which must be changed. Such views might have justified something more than -mere expressions of dissent, beyond which, nevertheless, I never went. Has -abstinence from the department, committed to me, been equally observed by -him? To say nothing of other interferences equally known, in the case of -the two nations, with which we have the most intimate connections, France -and England, my system was to give some satisfactory distinctions to the -former, of little cost to us, in return for the solid advantages yielded -us by them; and to have met the English with some restrictions which might -induce them to abate their severities against our commerce. I have always -supposed this coincided with your sentiments. Yet the Secretary of the -Treasury, by his cabals with members of the Legislature, and by high-toned -declamations on other occasions, has forced down his own system, which was -exactly the reverse. He undertook, of his own authority, the conferences -with the ministers of those two nations, and was, on every consultation, -provided with some report of a conversation with the one or the other -of them, adapted to his views. These views, thus made to prevail, their -execution fell, of course, to me; and I can safely appeal to you, who -have seen all my letters and proceedings, whether I have not carried -them into execution as sincerely as if they had been my own, though I -ever considered them as inconsistent with the honor and interest of our -country. That they have been inconsistent with our interest is but too -fatally proved by the stab to our navigation given by the French. So that -if the question be by whose fault is it that Colonel Hamilton and myself -have not drawn together? the answer will depend on that to two other -questions, whose principles of administration best justify, by their -purity, conscientious adherence? and which of us has, notwithstanding, -stepped farthest into the control of the department of the other? - -To this justification of opinions, expressed in the way of conversation, -against the views of Colonel Hamilton, I beg leave to add some notice of -his late charges against me in Fenno's Gazette; for neither the style, -matter, nor venom of the pieces alluded to, can leave a doubt of their -author. Spelling my name and character at full length to the public, -while he conceals his own under the signature of "An American," he -charges me, 1st. With having written letters from Europe to my friends -to oppose the present Constitution, while depending. 2d. With a desire -of not paying the public debt. 3d. With setting up a paper to decry and -slander the government. 1st. The first charge is most false. No man in the -United States, I suppose, approved of every tittle in the Constitution: -no one, I believe, approved more of it than I did, and more of it was -certainly disapproved by my accuser than by me, and of its parts most -vitally republican. Of this the few letters I wrote on the subject (not -half a dozen I believe) will be a proof; and for my own satisfaction and -justification, I must tax you with the reading of them when I return to -where they are. You will there see that my objection to the Constitution -was, that it wanted a bill of rights securing freedom of religion, -freedom of the press, freedom from standing armies, trial by jury, and -a constant habeas corpus act. Colonel Hamilton's was, that it wanted a -king and house of lords. The sense of America has approved my objection -and added the bill of rights, not the king and lords. I also thought -a longer term of service, insusceptible of renewal, would have made a -President more independent. My country has thought otherwise, I have -acquiesced implicitly. He wishes the General Government should have power -to make laws binding the States in all cases whatsoever. Our country has -thought otherwise: has he acquiesced? Notwithstanding my wish for a bill -of rights, my letters strongly urged the adoption of the Constitution, by -nine States at least, to secure the good it contained. I at first thought -that the best method of securing the bill of rights would be for four -States to hold off till such a bill should be agreed to. But the moment -I saw Mr. Hancock's proposition to pass the Constitution as it stood, -and give perpetual instructions to the representatives of every State to -insist on a bill of rights, I acknowledged the superiority of his plan, -and advocated universal adoption. 2d. The second charge is equally untrue. -My whole correspondence while in France, and every word, letter and act -on the subject, since my return, prove that no man is more ardently intent -to see the public debt soon and sacredly paid off than I am. This exactly -marks the difference between Colonel Hamilton's views and mine, that I -would wish the debt paid to-morrow; he wishes it never to be paid, but -always to be a thing wherewith to corrupt and manage the Legislature. -3d. I have never enquired what number of sons, relatives and friends of -Senators, Representatives, printers or other useful partisans Colonel -Hamilton has provided for among the hundred clerks of his department, the -thousand excisemen, at his nod, and spread over the Union; nor could ever -have imagined that the man who has the shuffling of millions backwards -and forwards from paper into money and money into paper, from Europe to -America, and America to Europe, the dealing out of treasury secrets among -his friends in what time and measure he pleases, and who never slips an -occasion of making friends with his means, that such an one, I say, would -have brought forward a charge against me for having appointed the poet, -Freneau, translating clerk to my office, with a salary of 250 dollars a -year. That fact stands thus. While the government was at New York I was -applied to on behalf of Freneau to know if there was any place within my -department to which he could be appointed. I answered there were but four -clerkships, all of which I found full, and continued without any change. -When we removed to Philadelphia, Mr. Pintard, the translating clerk, -did not choose to remove with us. His office then became vacant. I was -again applied to there for Freneau, and had no hesitation to promise the -clerkship for him. I cannot recollect whether it was at the same time, -or afterwards, that I was told he had a thought of setting up a newspaper -there. But whether then, or afterwards, I considered it a circumstance of -some value, as it might enable me to do, what I had long wished to have -done, that is, to have the material parts of the Leyden Gazette brought -under your eye, and that of the public, in order to possess yourself and -them of a juster view of the affairs of Europe than could be obtained from -any other public source. This I had ineffectually attempted through the -press of Mr. Fenno, while in New York, selecting and translating passages -myself at first, then having it done by Mr. Pintard, the translating -clerk, but they found their way too slowly into Mr. Fenno's papers. Mr. -Bache essayed it for me in Philadelphia, but his being a daily paper, -did not circulate sufficiently in the other States. He even tried, at -my request, the plan of a weekly paper of recapitulation from his daily -paper, in hopes that that might go into the other States, but in this too -we failed. Freneau, as translating clerk, and the printer of a periodical -paper likely to circulate through the States (uniting in one person -the parts of Pintard and Fenno), revived my hopes that the thing could -at length be effected. On the establishment of his paper, therefore, I -furnished him with the Leyden Gazette, with an expression of my wish -that he could always translate and publish the material intelligence -they contained, and have continued to furnish them from time to time, as -regularly as I received them. But as to any other direction or indication -of my wish how his press should be conducted, what sort of intelligence -he should give, what essays encourage, I can protest, in the presence of -heaven, that I never did by myself, or any other, or indirectly, say a -syllable, nor attempt any kind of influence. I can further protest, in the -same awful presence, that I never did, by myself, or any other, directly -or indirectly, write, dictate or procure any one sentence or sentiment -to be inserted _in his, or any other gazette_, to which my name was not -affixed or that of my office. I surely need not except here a thing so -foreign to the present subject as a little paragraph about our Algerine -captives, which I put once into Fenno's paper. Freneau's proposition -to publish a paper, having been about the time that the writings of -Publicola, and the discourses on Davila, had a good deal excited the -public attention, I took for granted from Freneau's character, which -had been marked as that of a good whig, that he would give free place -to pieces written against the aristocratical and monarchical principles -these papers had inculcated. This having been in my mind, it is likely -enough I may have expressed it in conversation with others, though I do -not recollect that I did. To Freneau I think I could not, because I had -still seen him but once, and that was at a public table, at breakfast, at -Mrs. Elsworth's, as I passed through New York the last year. And I can -safely declare that my expectations looked only to the chastisement of -the aristocratical and monarchical writers, and not to any criticisms on -the proceedings of government. Colonel Hamilton can see no motive for any -appointment, but that of making a convenient partizan. But you, Sir, who -have received from me recommendations of a Rittenhouse, Barlow, Paine, -will believe that talents and science are sufficient motives with me -in appointments to which they are fitted; and that Freneau, as a man of -genius, might find a preference in my eye to be a translating clerk, and -make good title to the little aids I could give him as the editor of a -gazette, by procuring subscriptions to his paper, as I did some before it -appeared, and as I have with pleasure done for the labors of other men of -genius. I hold it to be one of the distinguishing excellences of elective -over hereditary successions, that the talents which nature has provided -in sufficient proportion, should be selected by the society for the -government of their affairs, rather than that this should be transmitted -through the loins of knaves and fools, passing from the debauches of the -table to those of the bed. Colonel Hamilton, alias "Plain Facts," says, -that Freneau's salary began before he resided in Philadelphia. I do not -know what quibble he may have in reserve on the word "residence." He may -mean to include under that idea the removal of his family; for I believe -he removed himself, before his family did, to Philadelphia. But no act of -mine gave commencement to his salary before he so far took up his abode -in Philadelphia, as to be sufficiently in readiness for the duties of -the office. As to the merits or demerits of his paper, they certainly -concern me not. He and Fenno are rivals for the public favor. The one -courts them by flattery, the other by censure, and I believe it will be -admitted that the one has been as servile, as the other severe. But is -not the dignity, and even decency of government committed, when one of its -principal ministers enlists himself as an anonymous writer or paragraphist -for either the one or the other of them? No government ought to be without -censors; and where the press is free, no one ever will. If virtuous, it -need not fear the fair operation of attack and defence. Nature has given -to man no other means of sifting out the truth, either in religion, law, -or politics. I think it as honorable to the government neither to know, -nor notice, its sycophants or censors, as it would be undignified and -criminal to pamper the former and persecute the latter. So much for the -past, a word now of the future. - -When I came into this office, it was with a resolution to retire from it -as soon as I could with decency. It pretty early appeared to me that the -proper moment would be the first of those epochs at which the Constitution -seems to have contemplated a periodical change or renewal of the public -servants. In this I was confirmed by your resolution respecting the same -period; from which, however, I am happy in hoping you have departed. I -look to that period with the longing of a wave-worn mariner, who has -at length the land in view, and shall count the days and hours which -still lie between me and it. In the meanwhile, my main object will be -to wind up the business of my office, avoiding as much as possible all -new enterprise. With the affairs of the Legislature, as I never did -intermeddle, so I certainly shall not now begin. I am more desirous to -predispose everything for the repose to which I am withdrawing, than -expose it to be disturbed by newspaper contests. If these however cannot -be avoided altogether, yet a regard for your quiet will be a sufficient -motive for my deferring it till I become merely a private citizen, when -the propriety or impropriety of what I may say or do, may fall on myself -alone. I may then, too, avoid the charge of misapplying that time which -now, belonging to those who employ me, should be wholly devoted to their -service. If my own justification, or the interests of the republic shall -require it, I reserve to myself the right of then appealing to my country, -subscribing my name to whatever I write, and using with freedom and truth -the facts and names necessary to place the cause in its just form before -that tribunal. To a thorough disregard of the honors and emoluments of -office, I join as great a value for the esteem of my countrymen, and -conscious of having merited it by an integrity which cannot be reproached, -and by an enthusiastic devotion to their rights and liberty, I will not -suffer my retirement to be clouded by the slanders of a man whose history, -from the moment at which history can stoop to notice him, is a tissue -of machinations against the liberty of the country which has not only -received and given him bread, but heaped its honors on his head. Still, -however, I repeat the hope that it will not be necessary to make such an -appeal. Though little known to the people of America, I believe, that as -far as I am known, it is not as an enemy to the Republic, nor an intriguer -against it, nor a waster of its revenue, nor prostitutor of it to the -purposes of corruption, as the "American" represents me; and I confide -that yourself are satisfied that as to dissensions in the newspapers, -not a syllable of them has ever proceeded from me, and that no cabals or -intrigues of mine have produced those in the Legislature, and I hope I -may promise both to you and myself, that none will receive aliment from me -during the short space I have to remain in office, which will find ample -employment in closing the present business of the department. - -Observing that letters written at Mount Vernon on the Monday, and arriving -at Richmond on the Wednesday, reach me on Saturday, I have now the honor -to mention that the 22d instant will be the last of our post days that I -shall be here, and consequently that no letter from you after the 17th, -will find me here. Soon after that I shall have the honor of receiving at -Mount Vernon your orders for Philadelphia, and of there also delivering -you the little matter which occurs to me as proper for the opening of -Congress, exclusive of what has been recommended in former speeches, and -not yet acted on. In the meantime and ever I am, with great and sincere -affection and respect, dear Sir your most obedient, and most humble -servant. - - -TO ARCHIBALD STUART, ESQ. - - Monticello, September 9, 1792. - -Dear Sir,--I wrote you a long letter from Philadelphia early in the -summer, which would not have been worth recurring to, but that I therein -asked the favor of you to sound Mr. Henry on the subject you had written -to me on, to wit, the amendment of our Constitution, and to find whether -he would not approve of the specific amendments therein mentioned, in -which case the business would be easy. If you have had any conversation -with him on the subject, I will thank you for the result. As I propose -to return from my present office at the close of the ensuing session of -Congress, and to fix myself once more at home, I begin to feel a more -immediate interest in having the Constitution of our country fixed, and -in such a form as will ensure a somewhat greater certainty to our laws, -liberty and property, the first and last of which are now pretty much -afloat, and the second not out of the reach of every enterprise. I set -out for Philadelphia about the 20th, and would therefore be happy to hear -from you before that. I am, with great and sincere esteem, dear Sir, your -constant friend and servant. - - -TO MR. CLAY. - - Monticello, September 11, 1792. - -Dear Sir,--Your favor of August 8th, came duly to hand, and I should -with pleasure have done what you therein desired, as I ever should what -would serve or oblige you; but from a very early moment of my life I -determined never to intermeddle with elections of the people, and have -invariably adhered to this determination. In my own county, where there -have been so many elections in which my inclinations were enlisted, I yet -never interfered. I could the less do it in the present instance, your -people so very distant from me, utterly unknown to me, and to whom I am -also unknown; and above all, I a stranger, to presume to recommend one -who is well known to them. The people could not but put this question -to me, "who are you, pray?" In writing the letter to you on the former -occasion, I went further than I had ever before done, but that was -addressed to yourself to whom I had a right to write, and not to persons -either unknown to me, or very capable of judging for themselves. I have -so much reliance on your friendship and candor as not to doubt you will -approve of my sentiments on this occasion, and be satisfied they flow from -considerations respecting myself only, and not you to whom I am happy in -every occasion of testifying my esteem. I hope to see you in Bedford about -May next, and am with great attachment, dear Sir, your friend and servant. - - -TO EDWARD RANDOLPH, ESQ. - - Monticello, September 17, 1792. - -My Dear Sir,--The last post brought me your favor of the 26th of August; -but it brought me at the same time so much business to be answered by -return of post, and which did not admit of delay, that I was obliged -to postpone the acknowledgment of yours. I thank you sincerely for what -respects myself. Though I see the pen of the Secretary of the Treasury -plainly in the attack on me, yet, since he has not chosen to put his name -to it, I am not free to notice it as his. I have preserved through life -a resolution, set in a very early part of it, never to write in a public -paper without subscribing my name, and to engage openly an adversary -who does not let himself be seen, is staking all against nothing. The -indecency too, of newspaper squabbling between two public ministers, -besides my own sense of it, has drawn something like an injunction from -another quarter. Every fact alleged under the signature of "an American" -as to myself, is false, and can be proved so; and perhaps will be one -day. But for the present, lying and scribbling must be free to those mean -enough to deal in them, and in the dark. I should have been setting out -to Philadelphia within a day or two; but the addition of a grandson and -indisposition of my daughter, will probably detain me here a week longer. -My best respects to Mrs. Randolph, and am, with great and sincere esteem, -dear Sir, your affectionate friend and servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Monticello, September 18, 1792--2 o'clock, P.M. - -Dear Sir,--Your express is this moment arrived with the Proclamation -on the proceedings against the laws for raising a revenue on distilled -spirits, and I return it herein enclosed with my signature. I think -if, instead of the words "to render laws dictated by weighty reasons of -public exigency and policy as acceptable as possible," it stood "to render -the laws as acceptable as possible," it would be better. I see no other -particular expressions which need alteration. I am sincerely sorry to -learn that such proceedings have taken place; and I hope the Proclamation -will lead the persons concerned into a regular line of application which -may end either in an amendment of the law, if it needs it, or in their -conviction that it is right. Your most obedient, and most humble servant. - - -TO C. C. PINCKNEY, ESQ. - - Philadelphia, October 8, 1792. - -Sir,--I found on my return here three days ago, your favor of April -6th, and am happy to learn from it that the Agricultural Society has -adopted the plan of employing a person at Marseilles to raise and send -olive trees to them annually. Their success in South Carolina cannot be -doubted, and their value is great. Olive grounds in France rent higher -by the acre than those of any other growth in the kingdom, which proves -they yield the greatest nett produce. Marseilles is the proper place -for your nurseryman to be fixed, because it is the neighborhood of the -best olives; and Mr. Cathalan the properest person to whom we can commit -the whole superintendence, because he is our consul, is concerned in -our commerce, eager to extend it, is a good man, a wealthy one, and has -offered his services repeatedly in this business. He was brought up in -a counting-house in London, is connected there, and therefore I think -that the most convenient place on which to enable him to draw for the -expenditures. This may be either by an annual letter of credit to him on -some house there for any sum not exceeding fifty guineas, or a standing -letter of credit for that annual sum till your further orders. I would -advise that he should never be suffered to be in advance for the society, -that there may be no motive for his being cool in the business. If you -think proper to write to Mr. Cathalan merely to open the correspondence -with him, enclosing him a letter of credit, and referring him to me for -the mode of conducting the enterprise, I will enclose it to him with -proper instructions as to the mode. My reason for this caution is that -from my knowledge of circumstances, and from what has already passed -between him and me, I can fix him at once as to a moderate scale of -expense which I know to be sufficient, and which he might transcend under -the idea that this is a public enterprise, supported by powerful and -wealthy gentlemen. A copy of my letter shall be sent to you, so that you -may make any alterations in the plan which may be agreeable to your ideas -of the business, in the course of your future correspondence with Mr. -Cathalan; and I shall at all future times be ready to do anything further -in my power to promote the object. I am happy that while I was in the -olive country I enquired for and procured the best book on the subject -of the olive tree, which I now deliver to Mr. Smith for the use of the -society. I suspect that the excrescence on your olive trees, described in -your letter, is what they call the leprosy, which prevails among these -plants I believe in every country. I have the honor to be, with great -respect and esteem, Sir, your most obedient, and most humble servant. - - -TO MR. PINCKNEY. - - Philadelphia, October 12, 1792. - -Dear Sir,--Your favor of August the 7th came to hand on the 6th instant, -and gave me the first certain information of your safe arrival. Mr. -Otto being about to sail for London, furnishes me with an opportunity -of sending the newspapers for yourself and Mr. Barclay, and I avail -myself of it chiefly for this purpose, as my late return from Virginia -and the vacation of Congress furnishes little new and important for your -information. With respect to the Indian war, the summer has been chiefly -employed on our part in endeavoring to persuade them to peace, in an -abstinence from all offensive operations, in order to give those endeavors -a fairer chance, and in preparation for activity the ensuing season, -if they fail. I believe we may say these endeavors have all failed, or -probably will do so. The year has been rather a favorable one for our -agriculture. The crops of small grain were generally good. Early frosts -have a good deal shortened those of tobacco and Indian corn, yet not so -as to endanger distress. From the south my information is less certain, -but from that quarter you will be informed through other channels. I have -a pleasure in noting this circumstance to you, because the difference -between a plentiful and a scanty crop more than counterpoises the expenses -of any campaign. Five or six plentiful years successively, as we have had, -have most sensibly ameliorated the condition of our country, and uniform -laws of commerce, introduced by our new government, have enabled us to -draw the whole benefits of our agriculture. - -I enclose you the copy of a letter from Messrs. Blow and Milhaddo, -merchants of Virginia, complaining of the taking away of their sailors on -the coast of Africa, by the commander of a British armed vessel. So many -instances of this kind have happened, that it is quite necessary that -their government should explain themselves on the subject, and be led to -disavow and punish such conduct. I leave to your discretion to endeavor -to obtain this satisfaction by such friendly discussions as may be most -likely to produce the desired effect, and secure to our commerce that -protection against British violence which it has never experienced from -any other nation. No law forbids the seamen of any country to engage in -time of peace on board a foreign vessel; no law authorizes such seamen -to break his contract, nor the armed vessels of his nation to interpose -force for his rescue. I shall be happy to hear soon that Mr. B. has gone -on the service on which he was ordered. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO MESSRS. CARMICHAEL AND SHORT. - - Philadelphia, October 14, 1792. - -Gentlemen,--Since my letters of March the 18th and April the 24th (which -have been retarded so unfortunately), another subject of conference and -convention with Spain has occurred. You know that the frontiers of her -provinces, as well as of our States, are inhabited by Indians holding -justly the right of occupation, and leaving to Spain and to us only -the claim of excluding other nations from among them, and of becoming -ourselves the purchasers of such portions of land, from time to time, as -they may choose to sell. We have thought, that the dictates of _interest_ -as well as _humanity_, enjoined mutual endeavors with those Indians to -live in peace with both nations, and we have scrupulously observed that -conduct. Our agent with the Indians bordering on the territories of Spain, -has a standing instruction to use his best endeavors to prevent them from -committing acts of hostility against the Spanish settlements. But whatever -may have been the conduct or orders of the _government_ of Spain, that of -their officers in our neighborhood has been indisputably unfriendly and -hostile to us. The papers enclosed will demonstrate this to you. That the -Baron de Carondelet, their chief Governor at New Orleans, has excited the -Indians to war on us, that he has furnished them with abundance of arms -and ammunition, and promised them whatever more shall be necessary, I -have from the mouth of him who had it from his own mouth. In short, that -he is the sole source of a great and serious war now burst out upon us, -and from Indians who, we know, were in peaceable dispositions towards us -till prevailed on by him to commence the war, there remains scarcely room -to doubt. It has become necessary that we understand the real policy of -Spain in this point. You will therefore be pleased to extract from the -enclosed papers such facts as you think proper to be communicated to that -court, and enter into friendly but serious expostulations on the conduct -of their officers; for we have equal evidence against the commandants of -other posts in West Florida, though they being subordinate to Carondelet, -we name him as the source. If they disavow his conduct, we must naturally -look to their treatment of him as the sole evidence of their sincerity. -But we must look further. It is a general rule, that no nation has a -right to keep an agent within the limits of another, without the consent -of that other, and we are satisfied it would be best for both Spain -and us, to abstain from having agents or other persons in our employ or -pay among the savages inhabiting our respective territories, whether as -subjects or independent. You are, therefore, desired to propose and press -a stipulation to that effect. Should they absolutely decline it, it may be -proper to let them perceive that as the right of keeping agents exists on -both sides or on neither, it will rest with us to reciprocate their own -measures. We confidently hope that these proceedings are unauthorized by -the government of Spain, and in this hope, we continue in the dispositions -formerly expressed to you, of living on terms of the best friendship and -harmony with that country, of making their interests in our neighborhood -our own, and of giving them every proof of this, except the abandonment -of those essential rights which you are instructed to insist on. - -I have the honor to be, with great and sincere esteem, Gentlemen, your -most obedient, and most humble servant. - - -TO G. MORRIS, ESQ. - - Philadelphia, October 15, 1792. - -Sir,--I have duly received your favor of July 10, No. 4, but no other -number preceding or subsequent. I fear, therefore, that some miscarriage -has taken place. The present goes to Bordeaux, under cover to Mr. -Fenwick, who, I hope, will be able to give it a safe conveyance to -you. I observe that you say in your letter, that "the marine department -is to treat with you for supplies to St. Domingo." I presume you mean -"supplies of _money_," and not that our government is to furnish supplies -of _provisions_, specifically, or employ others to do it; this being a -business into which they could not enter. The payment of money here, to -be employed by their own agents in purchasing the produce of our soil, -is a desirable thing. We are informed by the public papers, that the -late constitution of France, formally notified to us, is suspended, and -a new convention called. During the time of this suspension, and while no -legitimate government exists, we apprehend we cannot continue the payments -of our debt to France, because there is no person authorized to receive -it and to give us an unobjectionable acquittal. You are, therefore, -desired to consider the payment as suspended, until further orders. Should -circumstances oblige you to mention this (which it is better to avoid if -you can), do it with such solid reasons as will occur to yourself, and -accompany it with the most friendly declarations that the suspension does -not proceed from any wish in us to delay the payment, the contrary being -our wish, nor from any desire to embarrass or oppose the settlement of -their government in that way in which their nation shall desire it; but -from our anxiety to pay this debt justly and honorably, and to the persons -really authorized by the nation (to whom we owe it) to receive it for -their use. Nor shall this suspension be continued one moment after we can -see our way clear out of the difficulty into which their situation has -thrown us. That they may speedily obtain liberty, peace, and tranquillity, -is our sincere prayer. - -The present summer is employed by us in endeavors to persuade the Indians -to peace, and to prepare for the ensuing campaign, if our endeavors for -peace should fail. That they will fail, we have reason to expect, and -consequently that the expenses of our armament are to continue for some -time. Another plentiful year added to the several others which we have -successively had, is some consolation under these expenses. Very early -frosts, indeed, have somewhat shortened the productions of the autumn. - -I have the honor to be, with great respect and esteem, dear Sir, your most -obedient, and most humble servant. - - -TO M. DE TERNANT. - - Philadelphia, October 16, 1792. - -Sir,--I am to acknowledge the receipt of your letter of the 9th instant, -proposing a stipulation for the abolition of the practice of privateering -in times of war. The benevolence of this proposition is worthy of the -nation from which it comes, and our sentiments on it have been declared -in the treaty to which you are pleased to refer, as well as in some -others which have been proposed. There are in those treaties some other -principles which would probably meet the approbation of your government, -as flowing from the same desire to lessen the occasions and the calamities -of war. On all of these, as well as on those amendments to our treaty of -commerce which might better its conditions with both nations, and which -the National Assembly of France has likewise brought into view on a former -occasion, we are ready to enter into negotiation with you, only proposing -to take the whole into consideration at once. And while contemplating -provisions which look to the event of war, we are happy in feeling a -conviction that it is yet at a great distance from us, and in believing -that the sentiments of sincere friendship which we bear to the nation of -France are reciprocated on their part. Of these our dispositions, be so -good as to assure them on this and all other occasions; and to accept -yourself those sentiments of esteem and respect with which I have the -honor to be, Sir, your most obedient, and most humble servant. - - -TO MESSRS. VIAR AND JAUDENES, _Commissioners of Spain_. - - Philadelphia, November 1, 1792. - -Gentlemen,--I have now to acknowledge the receipt of your favor of October -the 29th, which I have duly laid before the President of the United -States; and in answer thereto, I cannot but observe that some parts of -its contents were truly unexpected. On what foundation it can be supposed -that we have menaced the Creek nation with destruction during the present -autumn, or at any other time, is entirely inconceivable. Our endeavors, -on the contrary, to keep them at peace, have been earnest, persevering -and notorious, and no expense has been spared which might attain that -object. With the same views to peace, we have suspended, now more than a -twelvemonth, the marking a boundary between them and us, which had been -fairly, freely and solemnly established with the chiefs whom they had -deputed to treat with us on that subject; we have suspended it, I say, in -the constant hope that taking time to consider it in the councils of their -nation, and recognizing the justice and reciprocity of its conditions, -they would at length freely concur in carrying it into execution. We agree -with you, that the interests which either of us have in the proceedings of -the other with this nation of Indians, is a proper subject of discussion -at the negotiations to be opened at Madrid, and shall accordingly give -the same in charge to our commissioners there. In the meantime, we shall -continue sincerely to cultivate the peace and prosperity of all the -parties, being constant in the opinion, that this conduct, reciprocally -observed, will most increase the happiness of all. - -I have the honor to be, with sentiments of great esteem and respect, -Gentlemen, your most obedient, and most humble servant. - - -TO THE PRESIDENT. - - Philadelphia, November 2, 1792. - -Sir,--The letter of October the 29th, from Messrs. Viar and Jaudenes, -not expressing the principle on which their government interests itself -between the United States and the Creeks, I thought it of importance to -have it ascertained. I therefore called on those gentlemen, and entered -into explanations with them. They assured me, in our conversation, that -supposing all question of boundary to be out of the case, they did not -imagine their government would think themselves authorized to take under -their protection, any nations of Indians living within limits confessed to -be ours; and they presumed that any interference of theirs, with respect -to the Creeks, could only arise out of the question of disputed territory, -now existing between us; that, on this account, some part of our treaty -with the Creeks had given dissatisfaction. They said, however, that they -were speaking from their own sentiments only, having no instructions -which would authorize them to declare those of their court; but that -they expected an answer to their letters covering mine of July the 9th, -(erroneously cited by them as of the 11th,) from which they would probably -know the sentiments of their court. They accorded entirely in the opinion, -that it would be better that the two nations should mutually endeavor -to preserve each the peace of the other, as well as their own, with the -neighboring tribes of Indians. - -I shall avail myself of the opportunity by a vessel which is to sail -in a few days, of sending proper information and instructions to our -commissioners on the subject of the late, as well as of the future, -interferences of the Spanish officers to our prejudice with the Indians, -and for the establishment of common rules of conduct for the two nations. - -I have the honor to be, with the most perfect respect and attachment, Sir, -your most obedient, and most humble servant. - - -TO MESSRS. CARMICHAEL AND SHORT. - - Philadelphia, November 3, 1792. - -Gentlemen,--I wrote you on the 14th of last month; since which some other -incidents and documents have occurred, bearing relation to the subject of -that letter. I therefore now enclose you a duplicate of that letter. - -Copy of a letter from the Governor of Georgia, with the deposition it -covered of a Mr. Hull, and an original passport, signed by Olivier, -wherein he styles himself commissary for his Catholic Majesty with the -Creeks. - -Copy of a letter from Messrs. Viar and Jaudenes to myself, dated October -the 29th, with that of the extract of a letter of September the 24th, from -the Baron de Carondelet to them. - -Copy of my answer of No. 1, to them, and copy of a letter from myself to -the President, stating a conversation with those gentlemen. - -From those papers you will find that we have been constantly endeavoring, -by every possible means, to keep peace with the Creeks; that in order -to do this, we have even suspended and still suspend the running a fair -boundary between them and us, as agreed on by themselves, and having for -its object the precise definition of their and our lands, so as to prevent -encroachment on either side, and that we have constantly endeavored to -keep them at peace with the Spanish settlements also; that Spain on the -contrary, or at least the officers of her governments, since the arrival -of the Baron de Carondelet, have undertaken to keep an agent among the -Creeks, have excited them and the other southern Indians to commence a war -against us, have furnished them with arms and ammunition for the express -purpose of carrying on that war, and prevented the Creeks from running the -boundary which would have removed the cause of difference from between us. -Messrs. Viar and Jaudenes explain the ground of interference on the fact -of the Spanish claim to that territory, and on an article in our treaty -with the Creeks, putting themselves under our protection. But besides that -you already know the nullity of their pretended claim to the territory, -they had themselves set the example of endeavoring to strengthen that -claim by the treaty mentioned in the letter of the Baron de Carondelet, -and by the employment of an agent among them. The establishment of our -boundary, committed to you, will, of course, remove the grounds of all -future pretence to interfere with the Indians _within our territory_, and -it was to such only that the treaty of New York stipulated protection; for -we take for granted, that Spain will be ready to agree to the principle, -that neither party has a right to stipulate protection or interference -with the Indian nations inhabiting the territory of the other. But it is -extremely material also, with sincerity and good faith, to patronize the -peace of each other with the neighboring savages. We are quite disposed to -believe that the late wicked excitements to war, have proceeded from the -Baron de Carondelet himself, without any authority from his court. But if -so, have we not reason to expect the removal of such an officer from our -neighborhood, as an evidence of the disavowal of his proceedings? He has -produced against us a serious war. He says in his letter, indeed, that he -has suspended it. But this he has not done, nor possibly can he do it. The -Indians are more easily engaged in a war than withdrawn from it. They have -made the attack in force on our frontiers, whether with or without his -consent, and will oblige us to a severe punishment of their aggression. -We trust that you will be able to settle principles of a friendly concert -between us and Spain, with respect to the neighboring Indians; and if -not, that you will endeavor to apprize us of what we may expect, that -we may no longer be tied up by principles, which, in that case, would be -inconsistent with duty and self-preservation. - -I have the honor to be, with sentiments of perfect esteem and respect, -Gentlemen, your most obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - Philadelphia, November 3, 1792. - -Sir,--In order to enable you to lay before Congress the account required -by law of the application of the moneys appropriated to foreign purposes -through the agency of the Department of State, I have now the honor -to transmit to you the two statements, Nos. 1 and 2, herein enclosed, -comprehending the period of two years preceding the 1st day of July last. - -The first statement is of the sums paid from the Treasury under the -act allowing the annual fund of $40,000 for the purpose of foreign -intercourse, as also under the acts of March 3, 1791, c. 16, and May -1792, c. 41, 5, 3, allowing other sums for special purposes. By this -it will appear, that, except the sum of $500 paid to Colonel Humphreys -on his departure, the rest has all been received in bills of exchange, -which identical bills have been immediately remitted to Europe, either to -those to whom they were due for services, or to the bankers of the United -States in Amsterdam, to be paid out by them to persons performing services -abroad. This general view has been given in order to transfer the debt of -these sums from the Department of State to those to whom they have been -delivered. - -But in order to give to Congress a view of the specific application -of these moneys, the particular accounts rendered by those who have -received them, have been analyzed, and the payments made to them have -been reduced under general heads, so as to show at one view the amount of -the sums which each has received for every distinct species of service or -disbursement, as well as their several totals. This is the statement No. -2, and it respects the annual fund of $40,000 only, the special funds of -the acts of 1791 and 1792, having been not yet so far administered as to -admit of any statement. - -I had presented to the Auditor the statement No. 1, with the vouchers, -and also the special accounts rendered by the several persons who have -received these moneys, but, on consideration, he thought himself not -authorized, by any law, to proceed to their examination. I am, therefore, -to hope, Sir, that authority may be given to the Auditor, or some other -person, to examine the general account and vouchers of the Department of -State, as well as to raise special accounts against the persons into whose -hands the moneys pass, and to settle the same from time to time on behalf -of the public. - -I have the honor to be, with sentiments of the most perfect respect and -attachment, Sir, your most obedient, and most humble servant. - - THE DEPARTMENT OF STATE IN ACCOUNT WITH THE U. S. - - Dr. - -------------+----------------------------------------------+--------- - 1790 Aug. 14 | To a warrant from the Treasury | - | under the Act for foreign | - | intercourse (1790, July 1) | $ 500 - Dec. 20 | To the Treasurer's Exchange on | - | Will. V. Staph. | - | & Hub. under do. x $ | - | 2475.0 = 1000. | | - | To do. 577-10 = 233.33| | - 1791 Mar. 19 | To do. 99,000 =| 40,000 - May 7 | To do. under Act of | - | March 3, 1791, c. 16 32,175 =| 13,000 - 1792 Jan. 27 | To do. under Act | - | for foreign | - | intercourse 95,947-10 = 38,766,67| | - | ---------------------| | 40,000 - | 99,000 = 40,000 | | - June 30 | To do. under the Act of 1792, | - | May 8, c. 41, 5, 3 123,750| 50,000 - | |--------- - | | $143,500 - - ====================================================================== - Cr. - -------------+----------------------------------------------+--------- - 1790 Aug. 14 | By paid Col. Humphreys on his mission to | - | Madrid, (as by his receipt) |$ 500 - Dec. 17 | By remittance to Mr. G. Morris, | - | (as by his letter, | - | Feb. 26, 91), | - | the bill per contra x | - | for 2475 = $1,000| - | By do. to J. B. Cutting, | - | (as by papers given | - | in to Congress,) the | - | bill per contra for 577-10 = $233-1/3| - 1791 Mar. 19 | By do. to Will V. Staphorsts | - | & Hub., (as by | - | their account, June 10, 91), | - | the bill per contra for 99,000 =| 40,000 - May 13 | By do. to do. subject to | - | Humphreys & Barclay, | - | (as by their receipt,) | - | the bill per contra for 32,175 =| 13,000 - 1792 Jan. 23 | By do. to do., (as by their | - | account, April 10, 92), | - | the bill per contra for 95,947 = 38,766-2/3| - | -------------------| - | 99,000 = 40,000 | 40,000 - July 3 | By do. to do. subject to J. Pinckney for | - | purposes of Act May 8, 92, | - | the bill per contra for 123,750| 50,000 - | |--------- - | | $143,500 - - _Analyses of the Expenses of the United States for their intercourse - with Foreign Nations from July 1, 1790, to July 1, '91, - and from July 1, '91, to July 1, '92, taken from the accounts - of Messrs. Short, Humphreys, Morris, Pinckney, Willincks, - Van Staphorsts, Hubbard, given to the auditor._ - - ------------------+-------+-------+----------+--------+---------+--------- - | | | | | | - | | | | | | - 1790, July 1 |Outfit.|Salary.|Secretary.|Postage.| (a) | Total. - --1791, July 1. | | | | | |Dollars. - | | | | | | - | | | | | | - Ordinary, +-------+-------+----------+--------+---------+--------- - Mr. Short | |4500. | 281.74 | 72.4 | 248.96 | 5,103.10 - Col. Humphreys | 4500. |1602.73| | | | 6,102.73 - Mr. Carmichael | | | | | | 3,927.94 - Mr. Dumas | | | | | | 1,505.44 - +-------+-------+----------+--------+---------+--------- - |16,639.21 - Extraordinary, | - Mission to London 2000. | - " " Amsterdam on the subject of loans 986.18 | - " " Madrid 1195.89 | - Mr. Cutting special services to American seamen 233.33 | 4,415.40 - ------------+--------- - Total |21,054.61 - - (a) Contingencies, viz., Gazettes, &c. to dept. of state, printing, poor - seamen, &c. - - ------------------+-------+-------+----------+--------+---------+--------- - 1791, July 1. |Outfit.|Salary.| |Postage.|Contin- | Total. - --1792, July 1. | | | | |gencies |Dollars. - Ordinary, +-------+-------+----------+--------+---------+--------- - Mr. Short | 4500. | 4500. | | 68.82 | | 9,068.82 - Col. Humphreys | | 4500. | | 171. | | 4,671. - Mr. Carmichael | | | | | | 4,512.20 - Mr. Dumas | | | | | | 1,528.32 - Mr. Morris | 9000. | 1500. | | | |10,500. - Mr. Pinckney | 9000. | 1800. | | | |10,800. - +-------+-------+----------+--------+---------+--------- - |41,080.34 - Extraordinary, | - Mission to Amsterdam on subject of loans 444.43 | - " " Madrid 320. | - Dyes for medals as presents to foreign ministers | - taking leave, and medals 1586.32 | 2,350.75 - ----------+--------- - Total |43,431.09 - -Thomas Jefferson having had the honor at different times heretofore of -giving to the President _conjectural_ estimate of expenses of our foreign -establishment, has that of now laying before him, in page 1 of the -enclosed paper, a statement of the whole amount of the foreign fund from -the commencement to the expiration of the act, which will be on the 3d -March next, with the _actual_ expenses to the 1st of July last, and the -_conjectural_ ones from thence through the remaining eight months, and -the balance which will probably remain. - -Page 2, shows the probable annual expense of our present establishment, -and its excess above the funds allowed, and in another column the -_reduced_ establishment necessary and most proper to bring it within the -limits of the funds supposing it should be continued. - -November 5, 1792. - - _Estimate of the funds of $40,000 for foreign intercourse and its - application._ - - 1790, July 1, to 1791, July 1, a year's appropriation $40,000 - 1791, July 1, to 1792, July 1, a year's appropriation 40,000 - 1792, July 1, to 1793, March 3d, being 8 1-10 months 27,000 - ------- $107,000 - - 1790, July 1, to 1791, July 1, actual expenses incurred 21,054,00 - 1791, July 1, to 1792, July 2, actual expenses incurred 43,431,09 - 1792, July 1, to 1793, March 3d, the probable } - expenses may be about } 26,300,00 - Surplus unexpended will be about 16,214,91 - ------- $107,000 - - November 5, 1792. - - _Estimate of the ordinary expense of the different diplomatic grades - annually._ - - A Minister Plenipotentiary. - - Outfit 1-7 of $9,000. 1,285.71 - Salary 9,000. - Secretary 1,350. - Extras 350. - Return 1-7 of $2,250 321.42 - --------- - $12,307.13 - - A Resident. - - Outfit 1-7 of $4,500. 642.85 - Salary 4,500. - Extras 350. - Returns 1-7 of $1,125 160.71 - -------- - $5,653.56 - - Agent. - - Salary 1,300 - Extras 350 - -------- - $1,650 - - Medals to foreign ministers, suppose 5 to be kept here and changed once - in 7 years, will be about $654.06 annually. - - To Support the present establishment, would require - - For Paris, Minister Plenipot'y $12,307.13 - London 12,307.13 - Madrid, Resident 5,653.56 - Lisbon 5,653.56 - Hague 5,653.56 - Medals to foreign ministers 654.06 - ---------- - $42,229.54 - - A reduction of the establishment to bring it within the limits of $40,000 - - For Paris, Minister Plenipot'y $12,307.13 - London 12,307.13 - Madrid, a Resident 5,653.56 - Lisbon 5,653.56 - Hague, an Agent 1,650. - Medals to ministers 654.06 - Surplus 1,774.02 - ---------- - $40,000.00 - - November 5, 1792. - -Gentlemen of the Senate,--According to the directions of the law, I now -lay before you a statement of the administration of the funds appropriated -to certain foreign purposes, together with a letter from the Secretary of -State, explaining the same. - -November 5, 1792. - - -TO THE MAYOR, MUNICIPAL OFFICERS AND PROCUREUR OF THE COMMUNITY OF -MARSEILLES. - - Philadelphia, November 6, 1792. - -Gentlemen,--Your letter of the 24th of August, is just now received by -the President of the United States, and I have it in charge from him to -communicate to you the particular satisfaction he feels at the expressions -of fraternity towards our nation therein contained, to assure you that -he desires sincerely the most speedy relief to France from her general -difficulties, and will be happy to be instrumental in removing the special -ones of the city of Marseilles in particular, by encouraging supplies of -wheat and flour to be sent thither. Our harvest having been plentiful, our -merchants would of course feel sufficient inducements, in the assurances -you give of a ready sale and good price, were it not for the apprehensions -of the Barbary cruisers. Certain arrangements for a Convoy, and the time, -place, and manner of getting under its protection, would remove these -apprehensions; but it may be doubtful whether these can be notified to -them in time to prepare their adventures. They shall certainly, however, -be informed of the wants of your city, and the inducements to go to -it, and on this, and all other occasions, I beg leave to recommend our -commerce to the patronage of your municipality, and to tender to you the -homage of those sentiments of respect and attachment, with which I have -the honor to be, Gentlemen, your most obedient, and most humble servant. - - -TO COLONEL HUMPHREYS. - - Philadelphia, November 6, 1792. - -Dear Sir,--We have never known so long an interval during which there has -not been a single vessel going to Lisbon. Hence it is that I am so late in -acknowledging the receipt of your letters from No. 54 to 58 inclusive, and -that I am obliged to do it by the way of London, and consequently cannot -send you the newspapers as usual. - -The summer has been chiefly past in endeavoring to bring the north-western -Indians to peace, and in preparing for a vigorous operation against them -the ensuing summer, if peace should not be made. As yet no symptoms of -it appear on their part. In the meantime there is danger of a war being -kindled up on our south-western frontiers by the Indians in that quarter, -excited, as we have reason to believe, by some Spanish officers. We trust -that it has not been with the authority of their government. - -To counterbalance these evils, we have had the blessing of another -plentiful harvest of the principal grains. Tobacco and Indian corn have -suffered from the early frosts. We have very earnest demands for supplies -of grain from Marseilles; but the Algerine cruisers are an impediment. -Would it be practicable for you, without awaiting a general treaty, to -obtain permission for our _flour_ to be carried to Portugal? nothing -is more demonstrable than that this restriction is highly injurious to -Portugal as well as to us. - -Congress assembled yesterday, the President will meet them to-day, and -I will enclose you a copy of his speech whereby you will see the chief -objects which will be under their consideration during the present -session. Your newspapers shall be sent by the very first vessel bound to -Lisbon directly. I am, with sentiments of great and sincere esteem, dear -Sir, your most obedient, and most humble servant. - -P. S. November 7. After writing this letter, your No. 59 came to hand. -It seems then that, so far from giving new liberties to our corn trade, -Portugal contemplates the prohibition of it, by giving that trade -exclusively to Naples. What would she say should we give her wine-trade -exclusive to France and Spain. It is well known that far the greatest -portion of the wine we consume, is from Portugal and its dependancies, -and it must be foreseen that from the natural increase of population in -these States, the demand will become equal to the uttermost abilities -of Portugal to supply, even when her last foot of land shall be put into -culture. Can a wise statesman seriously think of risking such a prospect -as this? To me it seems incredible; and if the fact be so, I have no doubt -you will interpose your opposition with the minister, developing to him -all the consequences which such a measure would have on the happiness of -the two nations. He should reflect that nothing but habit has produced -in this country a preference of their wines over the superior wines -of France, and that if once that habit is interrupted by an absolute -prohibition it will never be recovered. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, November 7, 1792. - -Dear Sir,--My last to you was of the 15th of October; since which I have -received your Nos. 1, 2, 3, 5, 6, 7. Though mine went by a conveyance -directly to Bordeaux, and may therefore probably get safe to you, yet I -think it proper, lest it should miscarry, to repeat to you the following -paragraph from it. - - * * * * * - -I am perfectly sensible that your situation must, ere this reaches you, -have been delicate and difficult; and though the occasion is probably -over, and your part taken of necessity, so that instructions now would be -too late, yet I think it just to express our sentiments on the subject, -as a sanction of what you have probably done. Whenever the scene became -personally dangerous to you, it was proper you should leave it, as well -from personal as public motives. But what degree of danger should be -awaited, to what distance or place you should retire, are circumstances -which must rest with your own discretion, it being impossible to prescribe -them from hence. With what kind of government you may do business, is -another question. It accords with our principles to acknowledge any -government to be rightful, which is formed by the will of the nation -substantially declared. The late government was of this kind, and was -accordingly acknowledged by all the branches of ours. So, any alteration -of it which shall be made by the will of the nation substantially -declared, will doubtless be acknowledged in like manner. With such a -government _every kind_ of business may be done. But there are _some -matters_ which, I conceive, might be transacted with a government _de -facto_; such, for instance, as the reforming the unfriendly restrictions -on our commerce and navigation. Such cases you will readily distinguish -as they occur. With respect to this particular reformation of their -regulations, we cannot be too pressing for its attainment, as every day's -continuance gives it additional firmness, and endangers its taking root in -their habits and constitution; and, indeed, I think they should be told, -as soon as they are in a condition to act, that if they do not revoke -the late innovations, we must lay additional and equivalent burthens on -_French ships_, by name. Your conduct in the case of M. de Bonne Carrere, -is approved entirely. We think it of great consequence to the friendship -of the two nations, to have a minister here in whose dispositions we have -confidence. Congress assembled the day before yesterday. I enclose you a -paper containing the President's speech, whereby you will see the chief -objects of the present session. Your difficulties as to the settlements -of our accounts with France and as to the payment of the foreign officers, -will have been removed by the letter of the Secretary of the Treasury, of -which, for fear it should have miscarried, I now enclose you a duplicate. -Should a conveyance for the present letter offer to any port of France -directly, your newspapers will accompany it. Otherwise, I shall send it -through Mr. Pinckney, and retain the newspapers as usual, for a direct -conveyance. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO COLONEL HUMPHREYS. - - Philadelphia, November 8, 1792. - -Dear Sir,--You were not unapprised of the reluctance with which I came -into my present office, and I came into it with a determination to quit -it as soon as decency would permit. Nor was it long before I fixed on the -termination of our first federal cycle of four years as the proper moment. -That moment is now approaching, and is to me as land was to Columbus in -his first American voyage. The object of this private letter is to desire -that your future public letters may be addressed to the Secretary of State -by title and not by name, until you know who he will be, as otherwise your -letters arriving here after the 3d of March, would incur the expense, -delay, and risk of travelling six hundred miles by post after their -arrival here. I may perhaps take the liberty of sometimes troubling you -with a line from my retirement, and shall be ever happy to hear from you, -and to give you every proof of the sincere esteem and respect, with which -I have the honor to be, dear Sir, your affectionate friend and servant. - -P. S. We yesterday received information of the conclusion of peace with -the Wabash and Illinois Indians. This forms a broad separation between -the northern and southern war-tribes. - - -TO T. M. RANDOLPH, JR. - - Philadelphia, November 16, 1792. - -Dear Sir,--Congress have not yet entered into any important business. -An attempt has been made to give further extent to the influence of the -Executive over the Legislature, by permitting the heads of departments -to attend the House and explain their measures _vivâ voce_. But it was -negatived by a majority of 35 to 11, which gives us some hope of the -increase of the republican vote. However, no trying question enables us -yet to judge, nor indeed is there reason to expect from this Congress many -instances of conversion, though some will probably have been effected by -the expression of the public sentiment in the late election. For, as far -as we have heard, the event has been generally in favor of republican, -and against the aristocratical candidates. In this State the election has -been triumphantly carried by the republicans; their antagonists having -got but 2 out of 11 members, and the vote of this State can generally -turn the balance. Freneau's paper is getting into Massachusetts, under -the patronage of Hancock; and Samuel Adams, and Mr. Ames, the colossus -of the monocrats and paper men, will either be left out or hard run. The -people of that State are republican; but hitherto they have heard nothing -but the hymns and lauds chanted by Fenno. My love to my dear Martha, and -am, dear Sir, yours affectionately. - - -TO M. DE TERNANT. - - Philadelphia, November 20, 1792. - -Sir,--Your letter on the subject of further supplies to the colony of St. -Domingo, has been duly received and considered. When the distresses of -that colony first broke forth, we thought we could not better evidence -our friendship to that and to the mother country also, than to step in to -its relief, on your application, without waiting a formal authorization -from the National Assembly. As the case was unforeseen, so it was -unprovided for on their part, and we did what we doubted not they would -have desired us to do, had there been time to make the application, and -what we presumed they would sanction as soon as known to them. We have -now been going on more than a twelve-month, in making advances for the -relief of the colony, without having, as yet, received any such sanction; -for the decree of four millions of livres in aid of the colony, besides -the circuitous and informal manner by which we became acquainted with it, -describes and applies to operations very different from those which have -actually taken place. The wants of the colony appear likely to continue, -and their reliance on our supplies to become habitual. We feel every -disposition to continue our efforts for administering to those wants; -but that cautious attention to forms which would have been unfriendly in -the first moment, becomes a duty to ourselves, when the business assumes -the appearance of long continuance, and respectful also to the National -Assembly itself, who have a right to prescribe the line of an interference -so materially interesting to the mother country and the colony. - -By the estimate you were pleased to deliver me, we perceive that there -will be wanting, to carry the colony through the month of December, -between thirty and forty thousand dollars, in addition to the sums -before engaged to you. I am authorized to inform you, that the sum of -forty thousand dollars shall be paid to your orders at the treasury of -the United States, and to assure you, that we feel no abatement in our -dispositions to contribute these aids from time to time, as they shall -be wanting, for the necessary subsistence of the colony; but the want of -express approbation from the national Legislature, must ere long produce -a presumption that they contemplate perhaps other modes of relieving the -colony, and dictate to us the propriety of doing only what they shall -have regularly and previously sanctioned. Their decree before mentioned, -contemplates purchases made _in the United States only_. In this they -might probably have in view, as well to keep the business of providing -supplies under a single direction, as that these supplies should be bought -where they can be had cheapest, and where the same sum will consequently -effect the greatest measure of relief to the colony. It is our wish -as undoubtedly it must be yours, that the moneys we furnish be applied -strictly in the line they prescribe. We understand, however, that there -are in the hands of our citizens, some bills drawn by the administration -of the colony, for articles of subsistence _delivered there_. It seems -just, that such of them should be paid as were received before _bona fide_ -notice that that mode of supply was not bottomed on the funds furnished -to you by the United States, and we recommend them to you accordingly. - -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. PINCKNEY. - - Philadelphia, December 3, 1792. - -Dear Sir,-- - - * * * * * - -I do not write you a public letter by the packet because there is really -no subject for it. The elections for Congress have produced a decided -majority in favor of the republican interest. They complain, you know, -that the influence and patronage of the Executive is to become so great as -to govern the Legislature. They endeavored a few days ago to take away one -means of influence by condemning references to the heads of department. -They failed by a majority of five votes. They were more successful in -their endeavor to prevent the introduction of a new means of influence, -that of admitting the heads of department to deliberate occasionally in -the House in explanation of their measures. The proposition for their -admission was rejected by a pretty general vote. I think we may consider -the tide of this government as now at the fullest, and that it will, from -the commencement of the next session of Congress, retire and subside into -the true principles of the Constitution. An alarm has been endeavored to -be sounded as if the republican interest was indisposed to the payment -of the public debt. Besides the general object of the calumny, it was -meant to answer the special one of electioneering. Its falsehood was -so notorious that it produced little effect. They endeavored with as -little success to conjure up the ghost of anti-federalism, and to have -it believed that this and republicanism were the same, and that both were -Jacobinism. But those who felt themselves republicans and federalists too, -were little moved by this artifice; so that the result of the election -has been promising. The occasion of electing a Vice-President has been -seized as a proper one for expressing the public sense on the doctrines -of the monocrats. There will be a strong vote against Mr. Adams, but the -strength of his personal worth and his services will, I think, prevail -over the demerit of his political creed. - -I am, with great and sincere esteem, my dear Sir, your most obedient, and -most humble servant. - - -TO DR. GILMER. - - Philadelphia, December 15, 1792. - -Dear Doctor,--I received only two days ago your favor of October 9, by Mr. -Everett. He is now under the small-pox. I am rejoiced with the account -he gives me of the invigoration of your system, and am anxious for your -persevering in any course of regimen which may long preserve you to us. We -have just received the glorious news of the Prussian army being obliged -to retreat, and hope it will be followed by some proper catastrophe on -them. This news has given wry faces to our monocrats here, but sincere -joy to the great body of the citizens. It arrived only in the afternoon -of yesterday, and the bells were rung and some illuminations took place in -the evening. A proposition has been made to Congress to begin sinking the -public debt by a tax on pleasure horses; that is to say, on all horses not -employed for the draught or farm. It is said there is not a horse of that -description eastward of New York. And as to call this a _direct tax_ would -oblige them to proportion it among the States according to the census, -they choose to class it among the _indirect taxes_. We have a glimmering -hope of peace from the northern Indians, but from those of the south there -is danger of war. Wheat is at a dollar and a fifth here. Do not sell yours -till the market begins to fall. You may lose a penny or two in the bushel -then, but might lose a shilling or two now. Present me affectionately to -Mrs. Gilmer. Yours, sincerely. - - -TO MR. MERCER. - - Philadelphia, December 19, 1792. - -Dear Sir,--I received yesterday your favor of the 13th. I had been -waiting two or three days in expectation of vessels said to be in the -river, and by which we hope more particular accounts of the late affairs -in France. It has turned out that there were no such vessels arriving as -had been pretended. However I think we may safely rely that the Duke of -Brunswick has retreated, and it is certainly possible enough that between -famine, disease, and a country abounding with defiles, he may suffer some -considerable catastrophe. The monocrats here still affect to disbelieve -all this, while the republicans are rejoicing and taking to themselves the -name of Jacobins, which two months ago was fixed on them by way of stigma. -The votes for Vice-President, as far as hitherto known, stands thus: - - Adams. Clinton. - - New Hampshire 6 - Massachusetts 16 - Rhode Island 4 - Connecticut 7 - New York 12 - Pennsylvania 14 1 - Delaware 3 - Maryland 8 - Virginia 21 - -Bankrupt bill is brought on with some very threatening features to landed -and farming men, who are in danger of being drawn into its vortex. It -assumes the right of seizing and selling lands, and so cuts the knotty -question of the Constitution whether the General Government may direct -the transmission of land by descent or otherwise. The post-office is not -within my department, but that of the treasury. I note duly what you say -of Mr. Skinner, but I don't believe any bill on weights and measures will -be passed. Adieu. Yours, affectionately. - - -TO MR. RUTHERFORD. - - Philadelphia, December 25, 1792. - -Sir,--I have considered, with all the attention which the shortness of -the time would permit, the two motions which you were pleased to put into -my hands yesterday afternoon, on the subject of weights and measures, now -under reference to a committee of the Senate, and will take the liberty -of making a few observations thereon. - -The first, I presume, is intended as a basis for the adoption of that -alternative of the report on measures and weights, which proposed -retaining the present system, and fixing its several parts by a reference -to a rod vibrating seconds, under the circumstances therein explained; -and to fulfil its object, I think the resolutions there proposed should be -followed by this: "that the standard by which the said measures of length, -surface, and capacity shall be fixed, shall be an uniform cylindrical rod -of iron, of such length as in latitude forty-five degrees, in the level of -the ocean, and in a cellar or other place of uniform natural temperature, -shall perform its vibrations in small and equal arcs, in one second of -mean time; and that rain water be the substance, to some definite mass of -which, the said weights shall be referred." Without this, the committee -employed to prepare a bill on those resolutions, would be uninstructed -as to the principles by which the Senate mean to fix their measures of -length, and the substance by which they will fix their weights. - -The second motion is a middle proposition between the first and the -last alternatives in the report. It agrees with the first in some of -the present measures and weights, and with the last, in compounding -and dividing them decimally. If this should be thought best, I take the -liberty of proposing the following alterations of these resolutions: - -2d. For "metal" substitute "iron." The object is to have one determinate -standard. But the different metals having different degrees of -expansibility, there would be as many different standards as there -are metals, were that generic term to be used. A specific one seems -preferable, and "iron" the best, because the least variable by expansion. - -3d. I should think it better to omit the chain of 66 feet, because it -introduces a series which is not decimal, viz., 1. 66. 80. and because -it is absolutely useless. As a measure of length, it is unknown to the -mass of our citizens; and if retained for the purpose of superficial -measure, the foot will supply its place, and fix the acre as in the fourth -resolution. - -4th. For the same reason, I propose to omit the words "or shall be ten -chains in length and one in breadth." - -5th. This resolution would stand better, if it omitted the words "shall -be one foot square, and one foot and twenty cents of a foot deep, -and," because the second description is perfect, and too plain to need -explanation. Or if the first expression be preferred, the second may be -omitted, as perfectly tautologous. - -6th. I propose to leave out the words "shall be equal to the pound -avoirdupois now in use, and," for the reasons suggested in the second -resolution, to wit, that our object is, to have one determinate standard. -The pound avoirdupois now in use is an indefinite thing. The committee -of parliament reported variations among the standard weights of the -exchequer. Different persons weighing the cubic foot of water, have -made it, some more, and some less than one thousand ounces avoirdupois; -according as their weights had been tested by the lighter or heavier -standard weights of the exchequer. If the pound now in use be declared a -standard, as well as the weight of sixteen thousand cubic cents of a foot -in water, it may hereafter perhaps be insisted that these two definitions -are different, and that, being of equal authority, either may be used, -and so the standard pound be rendered as uncertain as at present. - -7th. For the same reason, I propose to omit the words "equal to seven -grains troy." The true ratio between the avoirdupois and troy weights, -is a very contested one. The equation of seven thousand grains troy to -the pound avoirdupois, is only one of several opinions, and is indebted -perhaps to its integral form for its prevalence. The introduction either -of the troy or avoirdupois weight into the definition of our unit, will -throw that unit under the uncertainties now enveloping the troy and -avoirdupois weights. - -When the House of Representatives were pleased to refer to me the subject -of weights and measures, I was uninformed as to the hypothesis on which I -was to take it up; to wit, whether on that, that our citizens would not -approve of any material change in the present system, or on the other, -that they were ripe for a complete reformation. I therefore proposed -plans for each alternative. In contemplating these, I had occasion to -examine well all the middle ground between the two, and among others -which presented themselves to my mind, was the plan of establishing one -of the known weights and measures as the unit in each class; to wit, in -the measures of lines, of surfaces, and of solids, and in weights, and -to compound and divide them decimally. In the measures of weights, I had -thought of the ounce as the best unit, because, calling it the thousandth -part of a cubic foot of water, it fell into the decimal series, formed a -happy link of connection with the system of measures on the one side, and -of coins on the other, by admitting an equality with the dollar, without -changing the value of that or its alloy materially. But on the whole, I -abandoned this middle proposition, on the supposition that if our fellow -citizens were ripe for advancing so great a length towards reformation, -as to retain only four known points of the very numerous series to which -they were habituated, to wit, the foot, the acre, the bushel, and the -ounce, abandoning all the multiples and subdivisions of them, or recurring -for their value to the tables which would be formed, they would probably -be ripe for taking the whole step, giving up these four points also, and -making the reformation complete; and the rather, as in the present series -and the one to be proposed, there would be so many points of very near -approximation, as aided in the same manner by tables, would not increase -their difficulties perhaps, indeed, would lessen them by the greater -simplicity of the links by which the several members of the system are -connected together. Perhaps, however, I was wrong in this supposition. The -representatives of the people in Congress are alone competent to judge -of the general disposition of the people, and to what precise point of -reformation they are ready to go. On this, therefore, I do not presume to -give an opinion, nor to pronounce between the comparative expediency of -the three propositions; but shall be ready to give whatever aid I can to -any of them which shall be adopted by the Legislature. - -I have the honor to be, with perfect respect, your most obedient, and most -humble servant. - - -TO MR. PINCKNEY. - - Philadelphia, December 30, 1792. - -Dear Sir,--My last letters to you have been of the 13th and 20th of -November, since which I have received yours of September 19. We are -anxious to hear that the person substituted in the place of the one -deceased is gone on that business. You do not mention your prospect of -finding for the mint the officers we were desirous of procuring. On this -subject, I will add to what was before mentioned to you, that if you can -get artists _really eminent_, and on the _salaries fixed by the law_, we -shall be glad of them; but that experience of the persons we have found -here, would induce us to be contented with them rather than to take those -who are _not eminent_, or who would expect _more than the legal salaries_. -A greater difficulty has been experienced in procuring copper for the -mint than we expected. Mr. Rittenhouse, the Director, having been advised -that it might be had on advantageous terms from Sweden, has written me a -letter on that subject, a copy of which I enclose you, with the bill of -exchange it covered. I should not have troubled you with them, had our -resident in Holland been in place. But on account of his absence, I am -obliged to ask the favor of you to take such measures as your situation -will admit, for procuring such a quantity of copper, to be brought us from -Sweden, as this bill will enable you. It is presumed that the commercial -relations of London with every part of Europe will furnish ready means -of executing this commission. We as yet get no answer from Mr. Hammond -on the general subject of the execution of the treaty. He says he is -waiting for instructions. It would be well to urge, in your conversations -with the minister, the necessity of giving Mr. Hammond such instructions -and latitude as will enable him to proceed of himself. If on every move -we are to await new instructions from the other side the Atlantic, it -will be a long business indeed. You express a wish in your letter to be -generally advised as to the tenor of your conduct, in consequence of the -late revolution in France, the questions relative to which, you observe, -incidentally present themselves to you. It is impossible to foresee -the particular circumstances which may require you to decide and act on -that question. But, principles being understood, their application will -be less embarrassing. We certainly cannot deny to other nations that -principle whereon our government is founded, that every nation has a right -to govern itself internally under what forms it pleases, and to change -these forms at its own will; and externally to transact business with -other nations through whatever organ it chooses, whether that be a King, -Convention, Assembly, Committee, President, or whatever it be. The only -thing essential is, the will of the nation. Taking this as your polar -star, you can hardly err. I shall send you by the first vessel which sails -(the packet excepted on account of postage) two dozen plans of the city of -Washington in the Federal Government, which you are desired to display, -not for sale, but for public inspection, wherever they may be most seen -by those descriptions of people worthy and likely to be attracted to it, -dividing the plans among the cities of London and Edinburgh chiefly, but -sending some also to Glasgow, Bristol, Dublin, &c. Mr. Taylor tells me he -sends you the public papers by every vessel going from hence to London. -They will keep you informed of the proceedings of Congress, and other -occurrences worthy your knowledge. I have the honor to be, with great and -sincere esteem, dear Sir, your most obedient, and most humble servant. - -P. S. Though I have mentioned Sweden as the _most likely_ place to get -copper from, on the best terms, yet if you can be satisfied it may be -got on better terms elsewhere, it is left to your discretion to get it -elsewhere. - - -TO MR. SHORT. - - Philadelphia, January 3, 1793. - -Dear Sir,--My last private letter to you was of October 16, since which -I have received your Nos. 103, 107, 108, 109, 110, 112, 113 and 114 and -yesterday your private one of September 15, came to hand. The tone of -your letters had for some time given me pain, on account of the extreme -warmth with which they censured the proceedings of the Jacobins of France. -I considered that sect as the same with the Republican patriots, and the -Feuillants as the Monarchical patriots, well known in the early part -of the Revolution, and but little distant in their views, both having -in object the establishment of a free constitution, differing only on -the question whether their chief Executive should be hereditary or not. -The Jacobins (as since called) yielded to the Feuillants, and tried -the experiment of retaining their hereditary Executive. The experiment -failed completely, and would have brought on the re-establishment of -despotism had it been pursued. The Jacobins knew this, and that the -expunging that office was of absolute necessity. And the nation was -with them in opinion, for however they might have been formerly for -the constitution framed by the first assembly, they were come over from -their hope in it, and were now generally Jacobins. In the struggle which -was necessary, many guilty persons fell without the forms of trial, -and with them some innocent. These I deplore as much as any body, and -shall deplore some of them to the day of my death. But I deplore them -as I should have done had they fallen in battle. It was necessary to -use the arm of the people, a machine not quite so blind as balls and -bombs, but blind to a certain degree. A few of their cordial friends -met at their hands the fate of enemies. But time and truth will rescue -and embalm their memories, while their posterity will be enjoying that -very liberty for which they would never have hesitated to offer up their -lives. The liberty of the whole earth was depending on the issue of the -contest, and was ever such a prize won with so little innocent blood? My -own affections have been deeply wounded by some of the martyrs to this -cause, but rather than it should have failed I would have seen half the -earth desolated; were there but an Adam and an Eve left in every country, -and left free, it would be better than as it now is. I have expressed -to you my sentiments, because they are really those of ninety-nine in -an hundred of our citizens. The universal feasts, and rejoicings which -have lately been had on account of the successes of the French, showed -the genuine effusions of their hearts. You have been wounded by the -sufferings of your friends, and have by this circumstance been hurried -into a temper of mind which would be extremely disrelished if known to -your countrymen. The rescue of 224.68.1460.916.83. had never permitted me -to discover the light in which he viewed it, and as I was more anxious -that you should satisfy him than me, I had still avoided explanations -with you on the subject. But your 113. induced him to break silence, and -to notice the extreme acrimony of your expressions. He added that he had -been informed the sentiments you expressed _in your conversations_ were -equally offensive to our allies, and that you should consider yourself -as the representative of your country, and that what you say might be -imputed to your constituents. He desired me therefore to write to you -on this subject. He added that he considered 729.633.224.939.1243. -1210.741.1683.1460.216.1407.890.1416.1212.674.125.633.1450. 1559.182. -there are in the United States some characters of opposite principles; -some of them are high in office, others possessing great wealth, and all -of them hostile to France, and fondly looking to England as the staff of -their hope. These I named to you on a former occasion. Their prospects -have certainly not brightened. Excepting them, this country is entirely -republican, friends to the Constitution, anxious to preserve it, and -to have it administered according to its own republican principles. The -little party above mentioned have espoused it only as a stepping-stone -to monarchy, and have endeavored to approximate it to that in its -administration in order to render its final transition more easy. The -successes of republicanism in France have given the coup de grace to -their prospects, and I hope to their projects. I have developed to you -faithfully the sentiments of your country, that you may govern yourself -accordingly. I know your republicanism to be pure, and that it is no -decay of that which has embittered you against its votaries in France, -but too great a sensibility at the partial evil which its object has -been accomplished there. I have written to you in the style to which -I have been always accustomed with you, and which perhaps it is time -I should lay aside. But while old men are sensible enough of their own -advance in years, they do not sufficiently recollect it in those whom -they have seen young. In writing, too, the last private letter which -will probably be written under present circumstances, in contemplating -that your correspondence will shortly be turned over to I know not whom, -but certainly to some one not in the habit of considering your interests -with the same fostering anxieties I do, I have presented things without -reserve, satisfied you will ascribe what I have said to its true motive, -use it for your own best interest, and in that fulfil completely what I -had in view. With respect to the subject of your letter of Sept. 15, you -will be sensible that many considerations would prevent my undertaking -the reformation of a system with which I am so soon to take leave. It -is but common decency to leave to my successor the moulding of his own -business. Not knowing how otherwise to convey this letter to you with -certainty, I shall appeal to the friendship and honor of the Spanish -commissioners here, to give it the protection of their cover, as a letter -of private nature altogether. We have no remarkable event here lately but -the death of Dr. Lee, nor have I anything new to communicate to you of -your friends or affairs. I am, with unalterable affection and wishes for -your prosperity, my dear Sir, your sincere friend and servant. - - -TO MR. RANDOLPH. - - Philadelphia, January 7, 1793. - -Dear Sir,--Our news from France continues to be good, and to promise -a continuance; the event of the revolution there is now little doubted -of, even by its enemies, the sensations it has produced here, and the -indications of them in the public papers, have shown that the form our -own government was to take depended much more on the events of France -than anybody had before imagined. The tide which after our former relaxed -government, took a violent course towards the opposite extreme, and seemed -ready to hang everything round with the tassels and baubles of monarchy, -is now getting track as we hope to a just mean, a government of laws -addressed to the reason of the people and not to their weaknesses. The -daily papers show it more than those you receive. An attempt in the House -of Representatives to stop the recruiting service has been rejected. -Indeed, the conferences for peace, agreed to by the Indians, do not -promise much, as we have reason to believe they will insist on taking back -lands purchased at former treaties. Maria is well; we hope all are so at -Monticello. My best love to my dear Martha, and am, most affectionately, -dear Sir, yours, &c. - - -TO MR. GALLATIN. - - Philadelphia, January 25, 1793. - -Sir,--Mr. Segaux called on me this morning to ask a statement of the -experiment which was made in Virginia by a Mr. Mazzie, for the raising -vines and making wines, and desired I would address it to you. Mr. -Mazzie was an Italian, and brought over with him about a dozen laborers -of his own country, bound to serve him four or five years. We made up a -subscription for him of £2,000 sterling, and he began his experiment on a -piece of land adjoining to mine. His intention was, before the time of his -people should expire, to import more from Italy. He planted a considerable -vineyard, and attended to it with great diligence for three years. The war -then came on, the time of his people soon expired, some of them enlisted, -others chose to settle on other lands and labor for themselves; some were -taken away by the gentlemen of the country for gardeners, so that there -did not remain a single one with him, and the interruption of navigation -prevented his importing others. In this state of things he was himself -employed by the State of Virginia to go to Europe as their agent to do -some particular business. He rented his place to General Riedesel, whose -horses in one week destroyed the whole labor of three or four years; and -thus ended an experiment which, from every appearance, would in a year -or two more have established the practicability of that branch of culture -in America. This is the sum of the experiment as exactly as I am able to -state it from memory, after such an interval of time, and I consign it to -you in whose hands I know it will be applied with candor, if it contains -anything applicable to the case for which it has been asked. - -I have the honor to be, with great esteem and respect, Sir, your most -obedient, and most humble servant. - - -TO MRS. RANDOLPH. - - Philadelphia, January 26, 1793. - -My Dear Martha,-- - - * * * * * - -I have for some time past been under an agitation of mind which I -scarcely ever experienced before, produced by a check on my purpose of -returning home at the close of this session of Congress. My operations -at Monticello had been all made to bear upon that point of time, my mind -was fixed on it with a fondness which was extreme, the purpose firmly -declared to the President, when I became assailed from all quarters with a -variety of objections. Among these it was urged that my return just when -I had been attacked in the public papers, would injure me in the eyes -of the public, who would suppose I either withdrew from investigation, -or because I had not tone of mind sufficient to meet slander. The only -reward I ever wished on my retirement was to carry with me nothing like a -disapprobation of the public. These representations have, for some weeks -past, shaken a determination which I had thought the whole world could -not have shaken. I have not yet finally made up my mind on the subject, -nor changed my declaration to the President. But having perfect reliance -in the disinterested friendship of some of those who have counseled -and urged it strongly; believing that they can see and judge better a -question between the public and myself than I can, I feel a possibility -that I may be detained here into the summer. A few days will decide. In -the meantime I have permitted my house to be rented after the middle of -March, have sold such of my furniture as would not suit Monticello, and -am packing up the rest and storing it ready to be shipped off to Richmond -as soon as the season of good sea weather comes on. A circumstance which -weighs on me next to the weightiest is the trouble which, I foresee, -I shall be constrained to ask Mr. Randolph to undertake. Having taken -from other pursuits a number of hands to execute several purposes which -I had in view this year, I cannot abandon those purposes and lose their -labor altogether. I must, therefore, select the most important and least -troublesome of them, the execution of my canal, and (without embarrassing -him with any details which Clarkson and George are equal to) get him -to tell them always what is to be done and how, and to attend to the -levelling the bottom; but on this I shall write him particularly if I -defer my departure. I have not received the letter which Mr. Carr wrote to -me from Richmond, nor any other from him since I left Monticello. My best -affections to him, Mr. Randolph and your fireside, and am, with sincere -love, my dear Martha, yours. - - -TO DR. STEWART, OR TO ALL THE GENTLEMEN. - - January 31, 1793. - -I have had under consideration Mr. Hallet's plans for the capitol, which -undoubtedly have a great deal of merit. Doctor Thornton has also given -me a view of his. These last came forward under some very advantageous -circumstances. The grandeur, simplicity and beauty of the exterior, the -propriety with which the apartments are distributed, and economy in the -mass of the whole structure, will, I doubt not, give it a preference in -your eyes, as it has done in mine and those of several others whom I have -consulted. I have, therefore, thought it better to give the Doctor time -to finish his plan, and for this purpose to delay until your next meeting -a final decision. Some difficulty arises with respect to Mr. Hallet, who -you know was in some degree led into his plan by ideas we all expressed to -him. This ought not to induce us to prefer it to a better; but while he -is liberally rewarded for the time and labor he has expended on it, his -feelings should be saved and soothed as much as possible. I leave it to -yourselves how best to prepare him for the possibility that the Doctor's -plan may be preferred to his. Some ground for this will be furnished you -by the occasion you will have for recourse to him as to the interior of -the apartments, and the taking of him into service at a fixed allowance; -and I understand that his necessities render it material that he should -know what his allowance is to be. - - -TO MR. CARROLL. - - Philadelphia, February 1, 1793. - -Dear Sir,--Doctor Thornton's plan of a capitol has been produced, and has -so captivated the eyes and judgment of all as to leave no doubt you will -prefer it when it shall be exhibited to you; as no doubt exists here of -its preference over all which have been produced, and among its admirers -no one is more decided than him whose decision is most important. It is -simple, noble, beautiful, excellently distributed, and moderate in size. -The purpose of this letter is to apprize you of this sentiment. A just -respect for the right of approbation in the commissioners will prevent -any formal decision in the President till the plan shall be laid before -you and be approved by you. The Doctor will go with it to your meeting in -the beginning of March. In the meantime, the interval of _apparent_ doubt -may be improved for settling the mind of poor Hallet, whose merit and -distresses interest every one for his tranquillity and pecuniary relief. -I have taken the liberty of making these private estimates, thinking you -would wish to know the true state of the sentiments here on this subject, -and am with sincere respect and esteem for your colleagues and yourself, -dear Sir, your most obedient humble servant. - - -_Circular to the ministers of France, the United Netherlands, Great -Britain, &c._ - Philadelphia, February 13, 1793. - -Sir,--The House of Representatives having referred to me, to report to -them the nature and extent of the privileges and restrictions on the -commerce of the United States with foreign nations, I have accordingly -prepared a report on that subject. Being particularly anxious that it -may be exact in matters of fact, I take the liberty of putting into -your hands, _privately and informally_, an extract of such as relate to -our commerce with your nation, in hopes that if you can either enlarge -or correct them, you will do me that favor. It is safer to suppress an -error in its first conception, than to trust to any after-correction; and -a confidence in your sincere desire to communicate or to re-establish -any truths which may contribute to a perfect understanding between our -two nations, has induced me to make the present request. I wish it had -been in my power to have done this sooner, and thereby have obtained the -benefit of your having more time to contemplate it; but circumstances -have retarded the entire completion of the report till the Congress is -approaching its end, which will oblige me to give it in within three or -four days. - -I am, with great and sincere esteem, Sir, your most obedient, and most -humble servant. - -P. S. The report having been prepared before the late diminution of the -duties on our tobacco, that circumstance will be noted in the letter which -will cover that report. - -_France_ receives favorably our bread stuff, rice, wood, pot and pearl -ashes. - -A duty of five sous the quintal, or nearly four and a half cents, is -paid on our tar, pitch and turpentine. Our whale oils pay six livres the -quintal, and are the only whale oils admitted. Our indigo pays five livres -the quintal, their own two and a half; but a difference of quality, still -more than a difference of duty, prevents its seeking that market. - -Salted beef is received freely for re-exportation; but if for home -consumption, it pays five livres the quintal. Other salted provisions -pay that duty in all cases, and salted fish is made lately to pay the -prohibitory one, of twenty livres the quintal. - -Our ships are free to carry thither all foreign goods, which may be -carried in their own or any other vessels, except tobaccos not of our own -growth; and they participate with theirs, the exclusive carriage of our -whale oils. - -During their former government, our tobacco was under a monopoly, but paid -no duties; and our ships were freely sold in their ports and converted -into national bottoms. The first National Assembly took from our ships -this privilege. They emancipated tobacco from its monopoly, but subjected -it to duties of eighteen livres fifteen sous the quintal, carried in their -own vessels, and twenty five livres, carried in ours; a difference more -than equal to the freight of the article. - -They and their colonies consume what they receive from us. - -France, by a standing law, permits her West India possessions to receive -directly our vegetables, live provisions, horses, wood, tar, pitch, -and turpentine, rice and maize, and prohibits our other bread stuff; -but a suspension of this prohibition having been left to the colonial -legislature, in times of scarcity, it was formerly suspended occasionally, -but latterly without interruption. - -Our fish and salted provisions (except pork) are received in their -islands, under a duty of three colonial livres the quintal, and our -vessels are as free as their own to carry our commodities thither, and to -bring away rum and molasses. - - -The _United Netherlands_ prohibit our pickled beef and pork, meals, and -bread of all sorts, and lay a prohibitory duty on spirits distilled from -grain. - -All other of our productions are received on varied duties, which may be -reckoned, on a medium, at about three per cent. - -They consume but a small proportion of what they receive. The residue -is partly forwarded for consumption in the inland parts of Europe, and -partly re-shipped to other maritime countries. On the latter portion, they -intercept between us and the consumer, so much of the real value as is -absorbed by the charges attending an intermediate deposit. - -Foreign goods, except some East India articles, are received in the -vessels of any nation. - -Our ships may be sold and naturalized there, with exceptions of one or -two privileges, which scarcely lessen their value. - -In the American possessions of the United Netherlands, and Sweden, our -vessels and produce are received, subject to duties, not so heavy as to -have been complained of. - -_Great Britain_ receives our pot and pearl ashes free, while those of -other nations pay a duty of two shillings and three pence the quintal. -There is an equal distinction in favor of our bar iron, of which article, -however, we do not produce enough for our own use. Woods are free from us, -whilst they pay some small duty from other countries. Indigo and flaxseed -are free from all countries. Our tar and pitch pay eleven pence sterling -the barrel. From other alien countries they pay about a penny and a third -more. - -Our tobacco, for their own consumption, pays one shilling three pence -sterling the pound, custom and excise, besides heavy expenses of -collection; and rice, in the same case, pays seven shillings four pence -sterling the hundred weight, which rendering it too dear as an article of -common food, it is consequently used in very small quantity. - -Our salted fish, and other salted provisions, except bacon, are -prohibited. Bacon and whale oils are under prohibitory duties: so are our -grains, meals and bread, as to internal consumption, unless in times of -such scarcity as may raise the price of wheat to fifty shillings sterling -the quarter, and other grains and meals in proportion. - -Our ships, though purchased and navigated by their own subjects, are not -permitted to be used, even in their trade with us. - -While the vessels of other nations are secured by standing laws, which -cannot be altered but by the concurrent will of the three branches of -the British Legislature, in carrying thither any produce or manufacture -of the country to which they belong, which may be lawfully carried -in any vessels, ours, with the same prohibition of what is foreign, -are further prohibited by a standing law (12. Car. 2. c. 18, s. 3,) -from carrying thither all and any of our domestic productions and -manufactures. A subsequent act, indeed, has authorized their executive -to permit the carriage of our own productions in our own bottoms, at -its sole discretion; and the permission has been given from year to -year, by proclamation; but subject every moment to be withdrawn on that -single will, in which event, our vessels having anything on board, stand -interdicted from the entry of all British ports. The disadvantage of -a tenure which may be so suddenly discontinued, was experienced by our -merchants on a late occasion, when an official notification that this law -would be strictly enforced, gave them just apprehensions for the fate of -their vessels and cargoes despatched or destined to the ports of Great -Britain. It was privately believed, indeed, that the order of that court -went further than their intention, and so we were, afterwards, officially -informed; but the embarrassments of the moment were real and great, and -the possibility of their renewal lays our commerce to that country under -the same species of discouragement, as to other countries where it is -regulated by a single legislator; and the distinction is too remarkable -not to be noticed, that our navigation is excluded from the security of -fixed laws, while that security is given to the navigation of others. - -Our vessels pay in their ports one shilling nine pence sterling per ton, -light and tritrity dues, more than is paid by British ships, except in -the port of London, where they pay the same as British. - -The greater part of what they receive from us, is re-exported to other -countries, under the useless charges of an intermediate deposit and double -voyage. - -From tables published in England, and composed, as is said, from the books -of their Custom Houses, it appears, that of the indigo imported there in -the years 1773-4-5, one third was re-exported; and from a document of -authority, we learn that of the rice and tobacco imported there before -the war, four-fifths were re-exported. We are assured, indeed, that the -quantities sent thither for re-exportation since the war, are considerably -diminished; yet less so than reason and national interest would dictate. -The whole of our grain is re-exported, when wheat is below fifty shillings -the quarter, and other grains in proportion. - -Great Britain admits in her islands our vegetables, live provisions, -horses, wood, tar, pitch and turpentine, rice and bread stuff, by a -proclamation of her executive, limited always to the term of a year, but -hitherto renewed from year to year. She prohibits our salted fish and -other salted provisions. She does not permit our vessels to carry thither -our own produce. Her vessels alone may take it from us, and bring in -exchange, rum, molasses, sugar, coffee, cocoa nuts, ginger and pimento. -There are, indeed, some freedoms in the island of Dominica, but under -such circumstances as to be little used by us. In the British continental -colonies, and in Newfoundland, all our productions are prohibited, and -our vessels forbidden to enter their ports. Their Governors, however, in -times of distress, have power to permit a temporary importation of certain -articles in their own bottoms, but not in ours. - -Our citizens cannot reside as merchants or factors within any of the -British plantations, this being expressly prohibited by the same statute -of 12 Car. 2, c. 18, commonly called their navigation act. - -Of our commercial objects, _Spain_ receives favorably our bread stuff, -salted fish, wood, ships, tar, pitch, and turpentine. On our meals, -however, when re-exported to their colonies, they have lately imposed -duties of from half a dollar to two dollars the barrel, the duties being -so proportioned to the current price of their own flour, as that both -together are to make the constant sum of nine dollars per barrel. - -They do not discourage our rice, pot and pearl ash, salted provisions, or -whale oil; but these articles being in small demand at their markets, are -carried thither but in a small degree. Their demand for rice, however, is -increasing. Neither tobacco nor indigo are received there. - -Themselves and their colonies are the actual consumers of what they -receive from us. - -Our navigation is free with the kingdom of Spain, foreign goods being -received there in our ships on the same conditions as if carried in -their own, or in the vessels of the country of which such goods are the -manufacture or produce. - -_Spain_ and _Portugal_ refuse to those parts of America which they govern, -all direct intercourse with any people but themselves. The commodities -in mutual demand between them and their neighbors, must be carried to be -exchanged in some part of the dominant country, and the transportation -between that and the subject State, must be in a domestic bottom. - - -TO MR. HAMMOND. - - Philadelphia, February 16, 1793. - -Sir,--I have duly received your letter of yesterday, with the statement -of the duties payable on articles imported into Great Britain. The object -of the report, from which I had communicated some extracts to you, not -requiring a minute detail of the several duties on every article, in -every country, I had presented both articles and duties in groups, and in -general terms, conveying information sufficiently accurate for the object. -And I have the satisfaction to find, on re-examining the expression in -the report, that they correspond with your statement as nearly as generals -can with particulars. The differences which any nation makes between our -commodities and those of other countries, whether favorable or unfavorable -to us, were proper to be noted. But they were subordinate to the more -important questions, what countries _consume_ most of our produce, exact -the lightest duties, and leave to us the most favorable balance? - -You seem to think that in the mention made of your _official_ -communication of April the 11th, 1792, that the clause in the navigation -act (prohibiting our own produce to be carried in our own vessels into -the British European dominions) would be strictly enforced in future, and -the _private belief_ expressed at the same time, that the intention of -that court did not go so far, that the latter terms are not sufficiently -accurate. About the fact it is impossible we should differ, because it -is a written one. The only difference then, must be a merely verbal one. -For thus stands the fact: In your letter of April the 11th, you say, you -have received, by a circular despatch from your court, directions to -inform this government that it had been determined in future strictly -to enforce this clause of the navigation act. This I considered as an -_official_ notification. In your answer of April the 12th to my request -of explanation, you say, "In answer to your letter of this day, I have the -honor of observing, that I have no other instructions upon the subject of -my communication, than such as are contained in the circular despatch, of -which I stated the purport in my letter dated yesterday. I have, however, -no difficulty in assuring you, that the result of my _personal conviction_ -is, that the determination of his Majesty's government to enforce -the clause of the act, &c., is not intended to militate against the -proclamation," &c. This _personal conviction_ is expressed in the report -as a _private belief_, in contradistinction to the _official_ declaration. -In your letter of yesterday, you choose to call it "a formal assurance of -your conviction." As I am not scrupulous about words when they are once -explained, I feel no difficulty in substituting in your report your own -words, "_personal conviction_," for those of "_private belief_," which -I had thought equivalent. I cannot indeed insert that it was a _formal_ -assurance, lest some readers might confound this with an _official_ one, -without reflecting that you could not mean to give _official_ assurance -that the clause would be enforced, and _official_ assurance, at the same -time, of your personal conviction that it would not be enforced. - -I had the honor to acknowledge verbally the receipt of your letter of the -3d of August, when you did me that of making the inquiry verbally about -six weeks ago; and I beg leave to assure you, that I am, with due respect, -Sir, your most obedient, and most humble servant. - - -TO M. DE TERNANT. - - Philadelphia, February 17, 1793. - -Sir,--I have duly received your letter of yesterday, and am sensible of -your favor in furnishing me with your observations on the statement of -the commerce between our two nations, of which I shall avail myself for -the good of both. The omission of our participation with your vessels, in -the exclusive transportation of our tobacco, was merely that of the copy, -as it was expressed in the original draught where the same circumstance -respecting our whale oil was noted; and I am happy that your notice of it -has enabled me to reinstate it before the report goes out of my hand. - -I must candidly acknowledge to you, that I do not foresee the same effect -in favor of our navigation, from the late reduction of duties on our -tobaccos in France, which you seem to expect. The difference in favor of -French vessels is still so great, as, in my opinion, to make it their -interest to quit all other branches of the carrying business, to take -up this; and as your stock of shipping is not adequate to the carriage -of all your exports, the branches which you abandon will be taken up -by other nations; so that this difference thrusts us out of the tobacco -carriage, to let other nations in to the carriage of other branches of -your commerce. I must therefore avail myself of this occasion to express -my hope, that your nation will again revise this subject, and place it -on more equal grounds. I am happy in concurring with you more perfectly -in another sentiment, that as the principles of our governments become -more congenial, the links of affection are multiplied between us. It is -impossible they should multiply beyond our wishes. Of the sincere interest -we take in the happiness and prosperity of your nation, you have had the -most unequivocal proofs. - -I pray you to accept assurances of sincere attachment to you personally, -and of the sentiments of respect and esteem with which I am, Sir, your -most obedient, and most humble servant. - - -TO M. DE TERNANT. - - Philadelphia, February 20, 1793. - -Sir,--I have laid before the President of the United States your -notification of the 17th instant, in the name of the Provisory Executive -Council charged with the administration of your government, that the -French nation has constituted itself into a Republic. The President -receives with great satisfaction this attention of the Executive Council, -and the desire they have manifested of making known to us the resolution -entered into by the National Convention, even before a definitive -regulation of their new establishment could take place. Be assured, Sir, -that the government and the citizens of the United States, view with the -most sincere pleasure every advance of your nation towards its happiness, -an object essentially connected with its liberty, and they consider the -union of principles and pursuits between our two countries, as a link -which binds still closer their interests and affections. We earnestly wish -on our part that these our natural dispositions may be improved to mutual -good, by establishing our commercial intercourse on principles as friendly -to natural right and freedom, as are those of our governments. - -I am, with sincere esteem and respect, Sir, your most obedient, and most -humble servant. - - -TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. - - Philadelphia, February 20, 1793. - -Sir,--The House of Representatives, about the close of the session before -the last, referred to me the report of a committee on a message from -the President of the United States, of the 14th of February, 1791, with -directions to report to Congress the nature and extent of the privileges -and restrictions of the commercial intercourse of the United States -with foreign nations, and measures for its improvement. The report was -accordingly prepared during the ensuing recess, ready to be delivered at -the next session, that is to say, at the last. It was thought possible -at that time, however, that some changes might take place in the existing -state of things, which might call for corresponding changes in measures. -I took the liberty of mentioning this in a letter to the Speaker of -the House of Representatives, to express an opinion that a suspension -of proceedings thereon, for a time, might be expedient, and to propose -retaining the report till the present session, unless the House should -be pleased to signify their pleasure to the contrary. The changes then -contemplated have not taken place, nor, after waiting as long as the term -of the session will admit, in order to learn something further on the -subject, can anything definite thereon be now said. If, therefore, the -House wishes to proceed on the subject, the report shall be delivered at -a moment's warning. Should they not choose to take it up till their next -session, it will be an advantage to be permitted to keep it by me till -then, as some further particulars may perhaps be procured relative to -certain parts of our commerce, of which precise information is difficult -to obtain. I make this suggestion, however, with the most perfect -deference to their will, the first intimation of which shall be obeyed on -my part, so as to occasion them no delay. - -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 MINISTER OF FRANCE. - - Philadelphia, February 23, 1793. - -Sir,--I have laid before the President of the United States your -notification of the 17th instant, in the name of the Provisory Executive -Council, charged with the administration of your Government, that the -French nation has constituted itself into a Republic. The President -receives, with great satisfaction, this attention of the Executive -Council and the desire they have manifested of making known to us -the resolution entered into by the National Convention, even before a -definitive regulation of their new establishment could take place. Be -assured, Sir, that the Government and the citizens of the United States -view with the most sincere pleasure every advance of your nation towards -its happiness, an object essentially connected with its liberty, and they -consider the union of principles and pursuits between our two countries -as a link which binds still closer their interests and affections. -[The genuine and general effusions of joy which you saw overspread our -country on their seeing the liberties of yours rise superior to foreign -invasion and domestic trouble, have proved to you that our sympathies -are great and sincere, and] we earnestly wish on our part that these, our -mutual dispositions, may be improved to mutual good, by establishing our -commercial intercourse on principles as friendly to natural right and -freedom as are those of our Government. I am, with sincere esteem and -respect, Sir, your most obedient, and most humble servant. - - -TO J. MADISON. - - March, 1793. - -The idea seems to gain credit that the naval powers combining against -France, will prohibit supplies, even of provisions, to that country. -Should this be formally notified, I should suppose Congress would be -called, because it is a justifiable cause of war, and as the Executive -cannot decide the question of war on the affirmative side, neither ought -it to do so on the negative side, by preventing the competent body from -deliberating on the question. But I should hope that war would not be -their choice. I think it will furnish us a happy opportunity of setting -another precious example to the world, by showing that nations may be -brought to do justice by appeals to their interests as well as by appeals -to arms. I should hope that Congress, instead of a denunciation of war, -would instantly exclude from our ports all the manufactures, produce, -vessels and subjects of the nations committing this aggression, during the -continuance of the aggression, and till full satisfaction made for it. -This would work well in many ways, safely in all, and introduce between -nations another umpire than arms. It would relieve us, too, from the risks -and the horrors of cutting throats. The death of the King of France has -not produced as open condemnations from the monocrats as I expected. I -dined the other day in a company where the subject was discussed. I will -name the company in the order in which they manifested their partialities; -beginning with the warmest Jacobinism, and proceeding by shades, to the -most heart felt aristocracy. Smith, (N. Y.,) Coxe, Stewart, T. Shippen, -Bingham, Peters, Breck, Meredith, Wolcott. It is certain that the ladies -of this city, of the first circle, are open-mouthed against the murderers -of a sovereign, and they generally speak those sentiments which the more -cautious husband smothers. Ternant has at length openly hoisted the flag -of monarchy by going into deep mourning for his prince. I suspect he -thinks a cessation of his visits to me a necessary accompaniment to this -pious duty. A connection between him and Hamilton seems to be springing -up. On observing that Duer was Secretary to the old Board of Treasury, I -suspect him to have been the person who suggested to Hamilton the letter -of mine to that board, which he so tortured in his Catullus. Dunlop has -refused to print the piece which we had heard of before your departure, -and it has been several days in Bache's hands, without any notice of it. -The President will leave this about the 27th instant, and return about -the 20th of April. Adieu. - - -TO MAJOR GENERAL GATES. - - Philadelphia, March 12, 1793. - -Dear General,--During the invasion of Virginia in 1780 and 178--, -nearly the whole of the public records of that State were destroyed -by the British. The least valuable part of these happens to be the -most interesting to me, I mean the letters I had occasion to write to -the characters with whom my office in the Executive brought me into -correspondence. I am endeavoring to recover copies of my letters from the -hands to whom they were addressed, and have been happy to find this more -practicable than I had apprehended. While you commanded in the south, I -had occasion to write to you sometimes on the subject of our proceedings. -If you happen to have preserved these letters, you will particularly -oblige me by trusting me with them till I can have them copied, when the -originals shall be returned. If you could repose the same confidence in me -as to the letters you addressed to me, it would increase the obligation. -The whole shall be sacredly returned. I have been the more disposed to -trouble you on this occasion as it furnishes me a pretext of recalling -myself to your recollection, and an opportunity of expressing to you -assurances of the sincere esteem and respect with which I have the honor -to be, dear General, your sincere friend and servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, March 12, 1793. - -Dear Sir,--Your Nos. 8 to 13, inclusive, have been duly received. I -am sensible that your situation must have been difficult during the -transition from the late form of government to the re-establishment -of some other legitimate authority, and that you may have been at a -loss to determine with whom business might be done. Nevertheless, when -principles are well understood, their application is less embarrassing. -We surely cannot deny to any nation that right whereon our own government -is founded, that every one may govern itself according to whatever form -it pleases, and change these forms at its own will; and that it may -transact its business with foreign nations through whatever organ it -thinks proper, whether King, Convention, Assembly, Committee, President, -or anything else it may choose. The will of the nation is the only thing -essential to be regarded. On the dissolution of the late constitution in -France, by removing so integral a part of it as the King, the National -Assembly, to whom a part only of the public authority had been delegated, -appear to have considered themselves as incompetent to transact the -affairs of the nation legitimately. They invited their fellow-citizens, -therefore, to appoint a National Convention. In conformity with this -their idea of the defective state of the national authority, you were -desired from hence to suspend further payments of our debt to France -till new orders, with an assurance, however, to the acting power, that -the suspension should not be continued a moment longer than should be -necessary for us to see the re-establishment of some person or body of -persons authorized to receive payment and give us a good acquittal; (if -you should find it necessary to give any assurance or explanation at all.) -In the meantime, we went on paying up the four millions of livres which -had been destined by the last constituted authorities to the relief of -St. Domingo. Before this was completed, we received information that a -National Assembly had met, with full powers to transact the affairs of -the nation, and soon afterwards, the minister of France here presented an -application for three millions of livres, to be laid out in provisions to -be sent to France. Urged by the strongest attachment to that country, and -thinking it even providential that moneys lent to us in distress could -be re-paid under like circumstances, we had no hesitation to comply with -the application, and arrangements are accordingly taken, for furnishing -this sum at epochs accommodated to the demand and our means of paying -it. We suppose this will rather overpay the instalments and interest due -on the loans of eighteen, six, and ten millions, to the end of 1792; and -we shall certainly use our utmost endeavors to make punctual payments -of the instalments and interest hereafter becoming exigible, and to omit -no opportunity of convincing that nation how cordially we wish to serve -them. Mutual good offices, mutual affection, and similar principles -of government, seem to destine the two nations for the most intimate -communion; and I cannot too much press it on you, to improve every -opportunity which may occur in the changeable scenes which are passing, -and to seize them as they occur, for placing our commerce with that nation -and its dependencies, on the freest and most encouraging footing possibly. - -Besides what we have furnished publicly for the relief of St. Domingo, -individual merchants of the United States have carried considerable -supplies thither, which have been sometimes purchased, sometimes taken by -force, and bills given by the administration of the colony on the minister -here, which have been protested for want of funds. We have no doubt that -justice will be done to these our citizens, and that without a delay which -would be ruinous to them. We wish authority to be given to the minister -of France here to pay the just demands of our citizens, out of the moneys -he may receive from us. - -During the fluctuating state of the _assignats_ of France, I must ask -the favor of you to inform me, in every letter, of the rate of exchange -between them and coin, this being necessary for the regulation of our -Custom Houses. - -Congress closed its session on the 2d instant. You will see their acts in -the newspapers forwarded to you, and the body of them shall be sent as -soon as the octavo edition is printed. We are to hold a treaty with the -western Indians in the ensuing month of May, but not under very hopeful -auspices. - -You will perceive by the newspapers, a remarkable fall in the price of -our public paper. This is owing chiefly to the extraordinary demand for -the produce of our country, and a temporary scarcity of cash to purchase -it. The merchants holding public paper are obliged to part with it at any -price, to raise money. - -I sent you, by the way of London, a dozen plans of the city of Washington -in the federal territory, hoping you would have them displayed to public -view where they would be most seen by those descriptions of men worthy -and likely to be attracted to it. Paris, Lyons, Rouen, and the sea port -towns of Havre, Nantes, Bordeaux and Marseilles, would be proper places -to send some of them. I trust to Mr. Taylor to forward you the newspapers -by every direct occasion to France. These are rare at all times, and -especially in the winter; and to send them through England would cost -too much in postage. To these circumstances, as well, probably, as to -some miscarriages, you must ascribe the length of intervals sometimes -experienced in the receipt of your papers. - -I have the honor to be, with great esteem and respect, dear Sir, your most -obedient, and most humble servant. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, March 15, 1793. - -Dear Sir,--The President has seen with satisfaction, that the ministers -of the United States in Europe, while they have avoided an useless -commitment of their nation on the subject of the Marquis de La Fayette, -have nevertheless shown themselves attentive to his situation. The -interest which the President himself, and our citizens in general, take -in the welfare of this gentleman, is great and sincere, and will entirely -justify all prudent efforts to serve him. I am therefore to desire, that -you will avail yourself of every opportunity of sounding the way towards -his liberation, of finding out whether those in whose power he is are -very tenacious of him, of insinuating through such channels as you shall -think suitable, the attentions of the government and people of the United -States to this object, and the interest they take in it, and of procuring -his liberation by informal solicitations, if possible. But if formal ones -be necessary, and the moment should arrive when you shall find that they -will be effectual, you are authorized to signify, through such channel as -you shall find suitable, that our government and nation, faithful in their -attachments to this gentleman for the services he has rendered them, feel -a lively interest in his welfare, and will view his liberation as a mark -of consideration and friendship for the United States, and as a new motive -for esteem and a reciprocation of kind offices towards the power to whom -they shall be indebted for this act. - -A like letter being written to Mr. Pinckney, you will of course take care, -that however you may act through different channels, there be still a -sufficient degree of concert in your proceedings. - -I am, with great and sincere esteem, dear Sir, your most obedient, and -most humble servant. - - -TO MR. PINCKNEY. - - Philadelphia, March 16, 1793. - -Dear Sir,--I wrote you on the 30th of December, and again a short letter -on the 1st of January, since which I have received yours of October the 2d -and 5th, November 6th and 9th, and December the 13th, 14th, 15th. I now -enclose you the Treasurer's second of exchange for twenty-four thousand -seven hundred and fifty guilders, to be employed in the purchase of copper -for the mint, from Sweden, or wherever else it can be got on the best -terms; the first of exchange having been enclosed in my letter of December -the 30th. - -I am in hopes you will have been able to enter into proper arrangements -with the British minister for the protection of our seamen from -impressment, before the preparations for war shall have produced -inconvenience to them. While he regards so minutely the inconveniences to -themselves which may result from a due regulation of this practice, it is -just he should regard our inconveniences also, from the want of it. His -observations in your letter imply merely, that if they should abstain from -injuring us, it might be attended with inconvenience to themselves. - -You ask, what should be your conduct, in case you should at any -time discover negotiations to be going on, which might eventually be -interesting to us? The nature of the particular case will point out what -measures, on your part, would be the most for our interest, and to your -discretion we must refer the taking such measures, without waiting for -instructions, where circumstances would not admit of such a delay. A -like necessity to act may arise on other occasions. In the changeable -scenes, for instance, which are passing in Europe, were a moment to offer -when you could obtain any advantage for our commerce, and especially in -the American colonies, you are desired to avail us of it to the best -advantage, and not to let the occasion slip by for want of previous -instruction. - -You ask, what encouragements are given to emigrants by the several States? -No other than a permission to become citizens, and to participate of the -rights of citizens, except as to eligibility to certain offices in the -government. The rules, as to these, are not uniform in the States. I have -found it absolutely impracticable to obtain, even for my office, a regular -transmission of the laws of the several States: consequently, it would be -more so to furnish them to our ministers abroad. You will receive by this -or the first proper conveyance, those of Congress, passed at their last -session. - -It is impossible for me to give any authority for the advance of moneys -to Mr. Wilson. Were we to do it in his case, we should, on the same -principles, be obliged to do it in several others wherein foreign nations -decline or delay doing justice to our citizens. No law of the United -States would cover such an act of the executive; and all we can do -legally, is, to give him all the aid which our patronage of his claims -with the British court, can effect. - -With respect to the payment of your allowances, as the laws authorize the -payment of a given number of dollars to you, and as your duties place you -in London, I suppose we are to pay you _the dollars_ there, or other money -of equal value, estimated by the par of the metals. Such has, accordingly, -been the practice ever since the close of the war. Your powers to draw on -our bankers in Holland, will leave you the master of fixing your drafts -by this standard. - -The transactions of Europe are now so interesting, that I should be -obliged to you, every week, to put the Leyden gazettes of the week under -cover to me; and put them into such ship's bags as shall be first coming -to any port north of North Carolina. - -Mr. Barclay's death is just made known to us, and measures are taking in -consequence of it. - -You will perceive by the newspapers, a remarkable fall in the price of -our public paper. This is owing chiefly to the extraordinary demand for -the produce of our country, and a temporary scarcity of cash to purchase -it. The merchants holding public paper are obliged to part with it at any -price, to raise money. - -I am, with much respect, dear Sir, your most obedient, and most humble -servant. - - -TO ----[22] - Philadelphia, March 18, 1793. - -Dear Sir,--I received your kind favor of the 26th ult., and thank you for -its contents as sincerely as if I could engage in what they propose. When -I first entered on the stage of public life (now twenty-four years ago), -I came to a resolution never to engage while in public office in any kind -of enterprise for the improvement of my fortune, nor to wear any other -character than that of a farmer. I have never departed from it in a single -instance; and I have in multiplied instances found myself happy in being -able to decide and to act as a public servant, clear of all interest, -in the multiform questions that have arisen, wherein I have seen others -embarrassed and biased by having got themselves into a more interested -situation. Thus I have thought myself richer in contentment than I should -have been with any increase of fortune. Certainly I should have been much -wealthier had I remained in that private condition which renders it lawful -and even laudable to use proper efforts to better it. However, my public -career is now closing, and I will go through on the principle on which -I have hitherto acted. But I feel myself under obligations to repeat my -thanks for this mark of your attention and friendship. - -We have just received here the news of the decapitation of the King -of France. Should the present foment in Europe not produce republics -everywhere, it will at least soften the monarchical governments by -rendering monarchs amenable to punishment like other criminals, and doing -away that rages of insolence and oppression, the inviolability of the -King's person. We I hope shall adhere to our republican government, and -keep it to its original principles by narrowly watching it. I am, with -great and sincere affection, dear Sir, your friend and servant. - - -FOOTNOTE: - - [22] [No address.] - - -TO COLONEL HUMPHREYS. - - Philadelphia, March 21, 1793. - -Sir,--The death of Admiral Paul Jones first, and afterwards of Mr. -Barclay, to whom the mission to Algiers, explained in the enclosed -papers, was successively confided, have led the President to desire you -to undertake the execution of it in person. These papers, being copies of -what had been delivered to them, will serve as your guide. But Mr. Barclay -having been also charged with a mission to Morocco, it will be necessary -to give you some trouble with respect to that also. - -Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first -to receive from Mr. Pinckney in London any papers or information, which -his agency in the Algerine business may have enabled him to communicate -to you: he will then proceed to deliver the whole to you, and accompany -and aid you in the character of secretary. - -It is thought necessary that you should, in the first instance, settle Mr. -Barclay's accounts respecting the Morocco mission, which will probably -render it necessary that you should go to Gibraltar. The communications -you have had with Mr. Barclay in this mission, will assist you in your -endeavors at a settlement. You know the sum received by Mr. Barclay on -that account, and we wish as exact a statement as can be made of the -manner in which it has been laid out, and what part of its proceeds is -now on hand. You will be pleased to make an inventory of these proceeds -now existing. If they or any part of them can be used for the Algerine -mission, we would have you by all means apply them to that use, debiting -the Algerine fund and crediting that of Morocco with the amount of such -application. If they cannot be so used, then dispose of the perishable -articles to the best advantage, and if you can sell those not perishable -for what they cost, do so, and what you cannot so sell, deposit in any -safe place under your own power. In this last stage of the business, -return us an exact account, 1. Of the specific articles remaining on hand -for that mission, and their value. 2. Of its cash on hand. 3. Of any money -which may be due to or from Mr. Barclay or any other person on account of -this mission; and take measures for replacing the clear balance of cash -in the hands of Messrs. W. and J. Willincks, and Nicholas and Jacob Van -Staphorsts and Hubbard. - -This matter being settled, you will be pleased to proceed on the mission -to Algiers. This you will do by the way of Madrid, if you think any -information you can get from Mr. Carmichael or any other, may be an -equivalent for the trouble, expense and delay of the journey. If not, -proceed in whatever other way you please to Algiers. - -Proper powers and credentials for you, addressed to that government, are -herewith enclosed. The instructions first given to Admiral Paul Jones are -so full that no others need be added, except a qualification in one single -article, to wit: should that government finally reject peace on the terms -in _money_, to which you are authorized to go, you may offer to make the -first payments for peace and that for ransom in _naval stores_, reserving -the right to make the subsequent annual payments in money. - -You are to be allowed your travelling expenses, your salary as minister -resident in Portugal going on. Those expenses must be debited to the -Algerine mission, and not carried into your ordinary account as resident. -Mr. Cutting is allowed one hundred dollars a month, and his expenses, -which, as soon as he joins you, will of course be consolidated with yours. -We have made choice of him as particularly qualified to aid, under your -direction, in the matters of account, with which he is well acquainted. -He receives here an advance of one thousand dollars, by a draft on our -bankers in Holland, in whose hands the fund is deposited. This, and all -other sums furnished him, to be debited to the Algerine fund. I enclose -you a letter to our bankers giving you complete authority over these -funds, which you had better send with your first draft, though I send a -copy of it from hence by another opportunity. - -This business being done, you will be pleased to return to Lisbon, and -to keep yourself and us, thereafter, well informed of the transactions -in Morocco; and as soon as you shall find that the succession to -that government is settled and staple, so that we may know to whom a -commissioner may be addressed, be so good as to give us the information, -that we may take measures in consequence. - -I have the honor to be, with much respect, Sir, your most obedient, and -most humble servant. - - -TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA. - - Philadelphia, March 21, 1793. - -Sir,--Present appearances in Europe rendering a general war there -probable, I am to desire your particular attention to all the indications -of it, and on the first imminent symptoms of rupture among the maritime -powers, to put our vessels on their guard. In the same event the patronage -of our Consuls will be particularly requisite to secure to our vessels -the right of neutrality, and protect them against all invasions of it. -You will be pleased, also, in the same case, to give no countenance to -the usurpation of our flag by foreign vessels, but rather, indeed, to aid -in detecting it, as without bringing to us any advantage, the usurpation -will tend to commit us with the belligerent powers, and to subject -those vessels which are truly ours to harassing scrutinies in order to -distinguish them from the counterfeits. - -The law requiring the Consuls of the United States to give bond with -two or more good sureties for the faithful performance of their duties, -I enclose you a blank bond for that purpose. According to a standing -regulation which places our Consuls in Europe in relation with the -Minister of the United States in the same country with them, if there be -one, and if none, then with their minister in Paris, and our Consuls in -America in immediate relation with the Secretary of State, you will be -pleased to have your sureties approved by the person to whom you stand -thus referred, and to send the bond when executed, by a safe conveyance, -to the Secretary of State, to be disposed of according to law; and this -with all the expedition the case will admit, provided this should not -have been done before. A set of the laws of the United States is likewise -herewith enclosed, together with a copy of a former circular letter, -intended as a standing instruction to our Consuls. - -I am, with esteem, Sir, your most obedient, and most humble servant. - - -TO COLONEL DAVID. - - Philadelphia, March 22, 1793. - -Dear Sir,--I thank you sincerely for your friendly letter of January 8. -Particular circumstances have forced me to protract awhile my departure -from office, which, however, will take place in the course of the year. -Continue, therefore, if you please, the general address of your letters, -to "The Secretary of State," &c., as recommended. Be assured that I -shall carry into retirement and retain the most affectionate sentiments -towards you. I am, in truth, worn down with drudgery, and while every -circumstance relative to my private affairs calls imperiously for my -return to them, not a single one exists which could render tolerable -a continuation in public life. I do not wonder that Captain O'Bryan -has lost patience under his long-continued captivity, and that he may -suppose some of the public servants have neglected him and his brethren. -He may possibly have imputed neglect to me, because a forbearance to -correspond with him would have that appearance, though it was dictated by -the single apprehension, that if he received letters from me as Minister -Plenipotentiary of the United States at Paris, or as Secretary of State, -it would increase the expectations of the captors, and raise the ransom -beyond what his countrymen would be disposed to give, and so end in their -perpetual captivity. But, in truth, I have labored for them constantly -and zealously in every situation in which I have been placed. In the -first moment of their captivity, I first proposed to Mr. Adams to take -upon ourselves their ransom, though unauthorized by Congress. I proposed -to Congress and obtained their permission to employ the Order of Mercy in -France for their ransom, but never could obtain orders for the money till -just as I was leaving France, and was obliged to turn the matter over to -Mr. Short. As soon as I came here I laid the matter before the President -and Congress in two long reports, but Congress could not decide till the -beginning of 1792, and then clogged their ransom by a previous requisition -of peace. The unfortunate death of two successive commissioners have -still retarded their relief, and even should they be now relieved, will -probably deprive me of the gratification of seeing my endeavors for them -crowned at length with success by their arrival when I am here. It would, -indeed, be grating to me if, after all, I should be supposed by them to -have been indifferent to their situation. I will ask of your friendship -to do me justice in their eyes, that to the pain I have already felt -for them, may not be added that of their dissatisfaction. I explained my -proceedings on their behalf to a Dr. Warner, whom I saw at Paris, on his -way to Algiers, and particularly the reason why I did not answer O'Bryan's -letter. I desired him to communicate it to Captain O'Bryan. But I did not -know whether he did it. I think it more probable that Mr. Carmichael will -impute to me also an event which must take place this year. In truth, -it is so extraordinary a circumstance, that a public agent placed in a -foreign court for the purpose of correspondence, should, in three years, -have found means to get but one letter to us, that he must himself be -sensible that if he could have sent us letters, he ought to be recalled -as negligent, and if he could not, he ought to be recalled as useless. -I have, nevertheless, procured his continuance, in order to give him an -opportunity which occurred of his rendering a sensible service to his -country, and thereby drawing some degree of favor on his return. - -Wishing you every circumstance of success and happiness, I am, with great -esteem, dear Sir, your sincere friend and servant. - - -TO COLONEL HUMPHREYS. - - Philadelphia, March 22, 1793. - -Dear Sir,--I have to acknowledge the receipt of your letters from No. 60 -to 67, inclusive. You cannot be too vigilant against any such treaty as -that mentioned in No. 60, which, by giving the exclusive supply of wheat -to Naples, would altogether debar the United States from it. This would -bear so hard on us, that not only an exclusion of their wines from the -United States ought to be expected on their part, but every other measure -which might open to us a market _in any other part of the world_, however -Portugal might be affected by it. And I must forever repeat it, that, -instead of excluding our _wheat_, we must continue to hope that they will -open their ports to our _flour_, and that you will continue to use your -efforts, on every good occasion, to obtain this without waiting for a -treaty. - -As there appears at present a probability of a very general war in Europe, -you will be pleased to be particularly attentive to preserve for our -vessels all the rights of neutrality, and to endeavor that our flag be not -usurped by others to procure to themselves the benefits of our neutrality. -This usurpation tends to commit us with foreign nations, to subject those -vessels truly ours to rigorous scrutinies and delays, to distinguish them -from counterfeits, and to take the business of transportation out of our -hands. - -Continue, if you please, your intelligence relative to the affairs of -Spain, from whence we learn nothing but through you; to which it will be -acceptable that you add leading events from other countries, as we have -several times received important facts through you, even from London, -sooner than they have come from London directly. - -The letters enclosed for Mr. Carmichael and Mr. Short are of a very secret -nature. If you go by Madrid, you will be the bearer of them yourself; -if not, it would be better to retain them than to send them by any -conveyance which does not command your entire confidence. I have never -yet had a letter from Mr. Carmichael but the one you brought from Madrid. -A particular circumstance will occasion forbearance yet a little longer. - -Captain Cutting will bring you a copy of the laws of the last session of -Congress, and of the gazettes to the time of his departure. - -Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe -it will be safer that I direct letters for you, during your absence, to -Messrs. Bulkeley and Son, with whom you will leave what directions on the -subject you shall think proper. - -I am, with great and sincere esteem and respect, dear Sir, your most -obedient, and most humble servant. - - -TO MESSRS. CARMICHAEL AND SHORT.[23] - Philadelphia, March 23, 1793. - -Gentlemen,--It is intimated to us in such a way as to attract our -attention, that France means to send a strong force early this spring -to offer independence to the Spanish American colonies, beginning with -those on the Mississippi; and that she will not object to the receiving -those on the east side into our confederation. Interesting considerations -require, that we should keep ourselves free to act in this case according -to circumstances, and consequently, that you should not, by any clause of -treaty, bind us to guarantee any of the Spanish colonies against their own -independence, nor indeed against any other nation. For when we thought -we might guarantee Louisiana, on their ceding the Floridas to us, we -apprehended it would be seized by Great Britain, who would thus completely -encircle us with her colonies and fleets. This danger is now removed -by the concert between Great Britain and Spain; and the times will soon -enough give independence, and consequently free commerce to our neighbors, -without our risking the involving ourselves in a war for them. - -I am, with great respect and esteem, your most obedient humble servant. - -[24]The above meets the approbation of - George Washington. - - -FOOTNOTES: - - [23] [This letter was in cypher, but a literal copy of it preserved.] - - [24] [This is in the handwriting of General Washington.] - - -TO MR. DUMAS. - - Philadelphia, March 24, 1793. - -Dear Sir,--I have to acknowledge the receipt of your favors of September -20, March 13, and Jan. 9. I shall hope your continuance to send us the -Leyden Gazette as usual, but all the other gazettes which you have -hitherto usually sent, may be discontinued. The scene in Europe is -becoming very interesting. Amidst the confusion of a general war which -seems to be threatening that quarter of the globe, we hope to be permitted -to preserve the line of neutrality. We wish not to meddle with the -internal affairs of any country, nor with the general affairs of Europe. -Peace with all nations, and the right which that gives us with respect -to all nations, are our object. It will be necessary for all our public -agents to exert themselves with vigilance for securing to our vessels -all the rights of neutrality, and from preventing the vessels of other -nations from usurping our flag. This usurpation tends to commit us with -the belligerent power, to draw on those vessels truly ours, vigorous -visitations to distinguish them from the counterfeits, and to take -business from us. I recommend these objects to you. I have done the same -to Mr. Greenleaf, lately appointed our Consul at Amsterdam. Be so good -as to remember to send your account immediately after the 30th of June. -I forward for you to Mr. Pinckney a copy of the laws of the late session -of Congress; and am, with sincere esteem, dear Sir, your most obedient -humble servant. - - -TO COLONEL HAMILTON. - - Philadelphia, March 27, 1793. - -Sir,--In compliance with the desire you expressed, I shall endeavor to -give you the view I had of the destination of the loan of three millions -of florins, obtained by our bankers in Amsterdam, previous to the acts -of the 4th and 12th of August, 1790, when it was proposed to adopt it -under those acts. I am encouraged to do this by the degree of certainty -with which I can do it, happening to possess an official paper wherein -I had committed to writing some thoughts on the subject, at the time, -that is to say, on the 26th of August, 1790. The general plan presented -to view, according to my comprehension of it, in your report and draught -of instructions, was, 1, to borrow, on proper terms, such a sum of money -as might answer all demands for principal and interest of the foreign -debt due to the end of 1791; 2, to consider two of the three millions of -florins already borrowed as if borrowed under the act of August 4, and -so far an execution of the operation before mentioned; 3, to consider -the third million of florins so borrowed as if borrowed under the act of -the 12th of August, and so far an execution of the powers given to the -President to borrow two millions of dollars for the purchase of the public -debt. I remember that the million of dollars surplus of the domestic -revenues, appropriated to the purchase of the public debt, appeared to me -sufficient for that purpose _here_, for probably a considerable time. I -thought, therefore, if any part of the three millions of florins were to -be placed under the act of the 12th of August, that it should rather be -employed in purchasing our _foreign paper_ at the market of Amsterdam. -I had myself observed the different degrees of estimation in which the -paper of different countries was held at that market, and wishing that our -credit there might always be of the first order, I thought a moderate sum -kept in readiness there to buy up any of our _foreign paper_, whenever -it should be offered below par, would keep it constantly to that mark, -and thereby establish for us a sound credit, where, of all places in the -world, it would be most important to have it. - -The subject, however, not being with my department, and therefore having -no occasion afterwards to pay attention to it, it went out of my mind -altogether, till the late inquiries brought it forward again. On reading -the President's instructions of August 28, 1790 (two days later than the -paper before mentioned), as printed in your report of February 13, 1793, -in the form in which they were ultimately given to you, I observed that -he had therein neither confirmed _your_ sentiment of employing a part -of the money _here_, nor _mine_ of doing it _there_, in purchases of the -public debt: but had directed the application of the whole to the _foreign -debt_; and I inferred that he had done this on full and just deliberation, -well knowing he would have time enough to weigh the merits of the two -opinions, before the million of dollars would be examined _here_, or the -loans for the foreign debt would overrun their legal measure _there_. In -this inference, however, I might be mistaken; but I cannot be in the fact -that these instructions gave a sanction to neither opinion. - -I have thus, Sir, stated to you the view I had of this subject in 1790, -and I have done it because you desired it. I did not take it up then as a -volunteer, nor should now have taken the trouble of recurring to it, but -at your request, as it is one in which I am not particularly concerned, -which I never had either the time or inclination to investigate, and on -which my opinion is of no importance. - -I have the honor to be, with respect, Sir, your most obedient humble -servant. - - -TO J. MADISON. - - Philadelphia, April 7, 1793. - -We may now, I believe, give full credit to the accounts that war is -declared between France and England. The latter having ordered Chauvelen -to retire within eight days, the former seemed to consider it as too -unquestionable an evidence of an intention to go to war, to let the -advantage slip of her own readiness and the unreadiness of England. Hence, -I presume, the first declaration from France. A British packet is arrived; -but as yet we have nothing more than that she confirms the accounts of -war being declared. Genett not yet arrived. An impeachment is ordered here -against Nicholson, their Comptroller General, by a vote almost unanimous -of the House of Representatives. There is little doubt, I am told, that -much _mala fides_ will appear; but E. R. thinks he has barricaded himself -within the fences of the law. - - * * * * * - -Yours affectionately. - - -TO MR. HAMMOND. - - Philadelphia, April 18, 1793. - -Sir,--I have now the honor to enclose you the answer of the Attorney -General to my letter covering yours of March the 12th, on the case of -Hooper and Pagan, wherein he has stated the proceedings of Pagan for -obtaining a writ of error from the Supreme Court of the United States, for -revisal of the judgment of the inferior court pronounced against him; and -also, his opinion on the merits of the question, had the writ of error -been procured, and the merits thereby been brought into question. From -this statement you will be able to judge whether Pagan has, _bona fide_, -complied with the rule which requires that a foreigner, before he applies -for extraordinary interposition, should use his best endeavors to obtain -the justice he claims from the ordinary tribunals of the country. You -will perceive also, that had the writ been pressed for and obtained, and -the substantial justice of Pagan's claim thereby brought into discussion, -substantial justice would have been against him, according to the opinion -of the Attorney General, according to the uniform decisions of the courts -of the United States, even in the cases of their own citizens, and -according to the decision of this very case in the British provincial -court, where the evidence was taken and the trial first had. This does -not appear then to be one of those cases of gross and palpable wrong, -ascribable only to wickedness of the heart, and not to error of the head, -in the judges who have decided on it, and founding a claim of national -satisfaction. At least, that it is so, remains yet to be demonstrated. - -The readiness with which the government of the United States has entered -into inquiries concerning the case of Mr. Pagan, even before that case -was ripe for their interposition, according to ordinary rules, will, I -hope, satisfy you that they would, with equal readiness, have done for -the redress of his case whatever the laws and Constitution would have -permitted them to do, had it appeared in the result that their courts had -been guilty of partiality or other gross wrong against Mr. Pagan. On the -contrary, it is hoped, that the marked attentions which have been shown to -him by the government of Massachusetts, as well as by that of the United -States, have evinced the most scrupulous dispositions to patronize and -effectuate his right, had right been on his side. I have the honor to be, -with due respect, Sir, your most humble servant. - - -[_The letter of the Attorney General, referred to in the preceding._] - -TO THE SECRETARY OF STATE. - - Philadelphia, April 12, 1793. - -Sir,--You will perceive from the two letters marked A. and B. of which I -enclose copies, that the subject of Mr. Pagan has been for some time in my -view. The former of those letters being intended for you, and containing -a summary of facts, I determined to show it to Mr. Tilghman, who was -Pagan's counsel, before it was sent to you, in order that he might correct -any misstatement. This produced the latter letter from him to me; and I -have thought it more advisable to forward both of them to you, even in -the unfinished state of my own, than to reduce the case into a form which -might be supposed to be less accurate. - -As I do not discover an essential difference between Mr. Tilghman and -myself, I shall not discuss any seeming variance, but proceed upon his -ideas. - -It is too obvious to require a diffusive exposition, that the application -for a writ of error was not only prudent, but a duty in Pagan. To this Mr. -Tilghman explicitly assents, when he says that he was perfectly "satisfied -of the prudence of applying for the writ of error, as Pagan could not -complain of a defect of justice, until he had tried the writ of error and -found that mode ineffectual." This remark becomes the more important, -as it manifests that the process was not suggested as an expedient for -shifting any burthen from the government. Indeed I may with truth add, -that the proceedings, taken collectively, appeared to me to present -a sufficient intimation of the main question, to serve as a ground of -decision. - -However, take the case under either aspect; as excluding the consideration -of the main question by an omission in the pleadings and record; or as -exhibiting it fully to the cognizance of the court. - -It never was pretended that a writ of error ought to have been granted, -unless the matter was apparent on the record. Whose office was it to -make it thus apparent? Of the attorney who managed the pleadings. If, -therefore, he has failed to do so, we may presume that he considered -the ground untenable, or was guilty of inattention. Either presumption -would be fatal to a citizen of the United States; and the condition of a -foreigner cannot create a new measure in the administration of justice. It -is moreover certain, that those who have been consulted on Pagan's behalf, -as well as others, have seriously doubted whether a cause, which has been -pursued to the extent which his had reached before the commencement of -our new government, was susceptible of federal relief. - -The last observation opens the inquiry, what remedy ought the Supreme -Court of the United States to have administered, even if the question had -been fairly before them? My opinion is, that the very merits are against -Mr. Pagan. In America, the construction of the armistice has been almost -universally to compute the places, within which different times were to -prevail, by latitude only. Am I misinformed, that such an interpretation -has been pressed by _our_ ministers, and not denied by those of London? -A second mode has been adopted, by describing a circle, and thereby -comprehending longitude as well as latitude; now let either rule be -adopted, and the position of the capture in this case will be adverse to -Pagan's pretensions. - -But what can be exacted from our government, after repeated trials, before -various jurisdictions, none of which can be charged with any symptom -of impropriety, and upon a subject, which, to say no more, is at least -equipoised? Nothing; and I appeal to the British reasoning on the Silesia -loan, as supporting this sentiment, in the following passage: "The law of -nations, founded upon justice, equity, convenience and the reason of the -thing, and confirmed by long usage, does not allow of reprisals, except -in case of violent injuries directed and supported by the State, and -justice absolutely denied, in _re minime dubia_, by all the tribunals, -and afterwards by the prince." Where the judges are left free, and give -sentence according to their consciences, "though it should be erroneous, -that would be no ground for reprisals. Upon doubtful questions, different -men think and judge differently; and all a friend can desire is, that -justice should be as impartially administered to him, as it is to the -subjects of that prince, in whose courts the matter is tried." Under such -circumstances, a citizen must acquiesce. So therefore must Pagan; against -whom even the court of Nova Scotia, within the dominions of his sovereign, -has once decided. - -There are many smaller points, arising from the controversy, which might -be relied on. But I pass them over, from a hope that the observations -already made will induce you to think with me, that government is not -bound to interpose farther in the behalf of Pagan. I have the honor, Sir, -to be, with respect and esteem, your most obedient servant, - Edmond Randolph. - - -TO MR. PINCKNEY. - - Philadelphia, April 20, 1793. - -Dear Sir,--In a postscript to my letter of the 12th, I acknowledged the -receipt of yours of January the 3d; since which, those of January the 30th -and February the 5th have been received by the William Penn. - -With respect to our negotiation with Mr. Hammond, it is exactly in the -state in which it was when you left America, not one single word having -been received in reply to my general answer, of which you had a copy. He -says, he waits for instructions, which he pretends to expect from packet -to packet. But sometimes the ministers are all in the country, sometimes -they are absorbed in negotiations nearer home, sometimes it is the hurry -of impending war, or attention to other objects, the stock of which is -inexhaustible, and can therefore never fail those who desire nothing but -that things shall rest as they are. Perhaps, however, the present times -may hasten justice. - -We shall be glad to receive the assayer you hope to procure, as soon as -possible, for we cannot get one in this country equal to the business in -all its parts. With respect to Mr. Drost, we retain the same desire to -engage him, but we are forced to require an immediate decision, as the -officer employed in the interim, and who does tolerably well, will not -continue much longer under an uncertainty of permanent employment. I must -therefore desire you to press Mr. Morris to bring Drost to an immediate -determination; and we place the matter on this ground with him, that if he -is not embarked by the first day of July next, we shall give a permanent -commission to the present officer, and be free to receive no other. We -are likely to be in very great distress for copper for the mint, and must -therefore press your expediting what we desired you to order from Sweden. - -You may, on every occasion, give assurances which cannot go beyond the -real desires of this country, to preserve a fair neutrality in the present -war, on condition that the rights of neutral nations are respected in -us, as they have been settled in _modern_ times, either by the express -declarations of the powers of Europe, or their adoption of them on -particular occasions. From our treaties with France and Holland, and -that of England and France, a very clear and simple line of conduct can -be marked out for us, and I think we are not unreasonable in expecting -that England shall recognize towards us the same principles which she has -stipulated to recognize towards France, in a state of neutrality. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO MR. VAN BERCKEL. - - Philadelphia, April 23d, 1793. - -Sir,--As far as the public gazettes are to be credited, we may presume -that war has taken place among several of the nations of Europe, in -which France, England, Holland and Russia, are particularly engaged. -Disposed, as the United States are, to pursue steadily the ways of peace, -and to remain in friendship with all nations, the President has thought -it expedient, by Proclamation, of which I enclose you a copy, to notify -this disposition to our citizens, in order to intimate to them the line -of conduct for which they are to prepare; and this he has done without -waiting for a formal notification from the belligerent Powers. He hopes -that those Powers and your nation in particular, will consider this early -precaution as a proof, the more candid, as it has been unasked, for the -sincere and impartial intentions of our country, and that what is meant -merely as a general intimation to our citizens, shall not be construed -to their prejudice in any Courts of Admiralty, as if it were conclusive -evidence of their knowledge of the existence of war, and of the Powers -engaged in it. Of this we could not give them conclusive information, -because we have it not ourselves; and till it is given us in form, and -so communicated to them, we must consider all their acts as lawful, which -would have been lawful in a state of peace. I have the honor to be, with -great respect, Sir, your most obedient, and most humble servant. - - -CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT. - - Philadelphia, April 26, 1793. - -Sir,--The public papers giving us reason to believe that the war is -becoming nearly general in Europe, and that it has already involved -nations with which we are in daily habits of commerce and friendship, -the President has thought it proper to issue the proclamation of which -I enclose you a copy, in order to mark out to our citizens the line of -conduct they are to pursue. That this intimation, however, might not work -to their prejudice, by being produced against them as conclusive evidence -of their knowledge of the existence of war and of the nations engaged in -it, in any case where they might be drawn into courts of justice for acts -done without that knowledge, it has been thought necessary to write to -the representatives of the belligerent powers here, the letter of which -a copy is also enclosed, reserving to our citizens those immunities to -which they are entitled, till authentic information shall be given to -our government by the parties at war, and be thus communicated, with -due certainty, to our citizens. You will be pleased to present to the -government where you reside, this proceeding of the President, as a -proof of the earnest desire of the United States to preserve peace and -friendship with all the belligerent powers, and to express his expectation -that they will in return extend a scrupulous and effectual protection to -all our citizens, wheresoever they may need it, in pursuing their lawful -and peaceable concerns with their subjects, or within their jurisdiction. -You will, at the same time, assure them that the most exact reciprocation -of this benefit shall be practised by us towards their subjects, in the -like cases. - -I have the honor to be, with great esteem and respect, Sir, your most -obedient, and most humble servant. - - -TO M. DE TERNANT. - - Philadelphia, April 27, 1793. - -Sir,--Your letter of the 13th instant, asking moneys to answer the -expenses and salaries of the consular offices of France, has been duly -laid before the President, and his directions thereon taken. - -I have in consequence to observe to you, that before the new government -of France had time to attend to things on this side the Atlantic, and -to provide a deposit of money for their purposes here, there appeared a -degree of necessity that we, as the friends and debtors of that nation, -should keep their affairs from suffering, by furnishing money for -urgent purposes. This obliged us to take on ourselves to judge of the -purpose, because, on the soundness of that, we were to depend for our -justification. Hence we furnished moneys for their colonies and their -agents here, without express authority, judging from the importance and -necessity of the case, that they would approve of our interference. - -But this kind of necessity is now at an end; the government has -established a deposit of money in the hands of their minister here, and -we have nothing now to do but to furnish the money, which we are in the -course of doing, without looking into the purposes to which it is to be -applied. Their minister is to be the judge of these, and to pay it to whom -and for what he pleases. - -If it be urged that they have appropriated all the money we are furnishing -to other objects, that you are not authorized to divert any of it to -any other purpose, and therefore that you _need a further sum_, it may -be answered that it will not lessen the stretch of authority to add -an _unauthorized payment by us_ to an _unauthorized application_ by -you, and that it seems fitter that their minister should exercise a -discretion over their appropriations, standing, as he does, in a place of -confidence, authority, and responsibility, than we who are strangers, and -unamenable to them. It is a respect we owe to their authority to leave -to those acting under that, the transactions of their affairs, without an -intermeddling on our part which might justly appear officious. - -In this point of light, I hope you will view our conduct, and that the -consular officers will be sensible that in referring them to your care, -under which the national authority has placed them, we do but conform -ourselves to that authority. I have the honor to be, with sentiments -of great respect and esteem, Sir, your most obedient, and most humble -servant. - - -TO THE SECRETARY OF THE TREASURY. - - Philadelphia, May 1, 1793. - -Sir,--When you mentioned to me yesterday that M. de Ternant proposed to -apply for a sum of money, and founded himself on a letter of mine which -gave him reason to expect it, I thought I could not have written such a -letter, because I did not recollect it, and because it was out of the plan -which you know had been adopted, that when we furnished one sum of money -we should avoid promising another. I have now most carefully examined all -my letters to M. de Ternant, as far back as March 7, 1792, the date of -the first on the subject of furnishing money, and can assure you there is -not a word in one of them which can be construed into a promise, expressed -or implied, relative to the present subject, or which can have committed -the government in the smallest degree to a departure from the rules it -has laid down. I am equally confident that I have never said a word which -could do it. Upon the ground, therefore, of any such commitment by me, -the proposition will not be supported. With respect to these applications -in general, they were of course to pass through me; but I have considered -them as depending too much on the arrangements of your department to -permit myself to take and be tenacious of any particular ground other than -that, whatever rule we adopt, it be plain and persevered in uniformly in -all cases where the material circumstances are the same, so that we never -refuse to one what has been done for another. It is and ever has been my -opinion and wish that we should gratify the diplomatic gentlemen in every -way in which we can do it without too great inconvenience or commitment of -our own government. I think it our interest to do so; and am under this -impression in the present case so much, that I should readily concur, if -it be the pleasure of the President, in reconsidering the rule adopted on -a late occasion, and substituting any other consistent with our public -duties, more adapted to the gratification of the diplomatic gentlemen, -and uniformly to be applied where the material circumstances shall be the -same; for it would reverse our aim were we to put ourselves in the case -of disobliging one by refusing what we have done to gratify another. In -these sentiments, I will hand to the President any application which M. -de Ternant shall think proper to communicate to me in writing. I have the -honor to be, with great respect, Sir, your most obedient humble servant. - - -TO M. DE TERNANT. - - Philadelphia, May 3, 1793. - -Sir,--The Minister Plenipotentiary of his Britannic Majesty has -represented to the government of the United States, that on the 25th of -April last, the British ship Grange, while lying at anchor in the bay of -Delaware, within the territory and jurisdiction of the United States, was -taken possession of by the Embuscade, a frigate of the French Republic, -has been brought to this port, where she is now detained as prize, and the -crew as prisoners, and has made a requisition in form, for a restoration -of the vessel and liberation of the crew. I have the honor to furnish -you with copies of the evidence given in by the British minister, and -to observe, that the United States being at peace with all parties, -cannot see with indifference its territory or jurisdiction violated by -either; that the government will therefore proceed to inquire into the -facts, and for that purpose will receive with pleasure, and consider with -impartiality, any evidence you will be pleased to have them furnished -with on the subject; and the President hopes that you will take effectual -measures for detaining here the vessel taken, her crew and cargo, to -abide the decision which will be made thereon, and which is desired to be -without delay. - -I have the honor to be, with great respect, Sir, your most obedient, and -most humble servant. - - -TO COLONEL MONROE. - - Philadelphia, May 5, 1793. - -Dear Sir,--The expectation that you are always from home prevents my -writing to you with regularity; a matter of little consequence to you, as -you probably receive Freneau's paper regularly, and consequently all the -news of any importance. - -The fiscal party having tricked the House of Representatives out of the -negative vote they obtained, seem determined not to lose the ground they -gained by entering the lists again on matters of fact and reason; they -therefore preserve a triumphant silence, notwithstanding the attack -of the pamphlet entitled "An Examination Se-and-of-Timon." They show -their wisdom in this, if not their honesty. The war between France and -England seems to be producing an effect not contemplated. All the old -spirit of 1776, rekindling the newspapers from Boston to Charleston, -proves this; and even the monocrat papers are obliged to publish the -most furious philippics against England. A French frigate took a British -prize off the capes of Delaware the other day, and sent her up here. -Upon her coming into sight, thousands and thousands of the _yeomanry_ of -the city crowded and covered the wharves. Never before was such a crowd -seen there; and when the British colors were seen _reversed_, and the -French flying above them, they burst into peals of exultation. I wish -we may be able to repress the spirit of the people within the limits -of a fair neutrality. In the meantime, H. is panic-struck, if we refuse -our breach to every kick which Great Britain may choose to give it. He -is for proclaiming at once the most abject principles, such as would -invite and merit habitual insults; and indeed every inch of ground must -be fought in our councils to desperation, in order to hold up the face -of even a sneaking neutrality, for our votes are generally two and a -half against one and a half. Some propositions have come from him which -would astonish Mr. Pitt himself with their boldness. If we preserve even -a sneaking neutrality, we shall be indebted for it to the President, and -not to his counsellors. Immense bankruptcies have taken place in England. -The last advices made them amount to eleven millions sterling, and still -going on. Of the houses connected with America, they have fallen only -on those who had dealt in American paper. The beginning of the business -was from the alarm occasioned by the war, which induced cautious people -to withdraw their money from the country banks. This induced the Bank of -England to stop discounting, which brought on a general crush, which was -still going on. It is said that two millions of manufacturers would be -put out of employ by these failures. This is probably exaggerated. The -stocks are very low here now, and an immense mass of paper is expected -to be returned immediately from England, so that they will be still -lower. Notwithstanding this, the sinking fund is idle, not having had -a shilling to lay out (except the interest of the part sunk). You will -see in Freneau's next paper, a most advantageous decree of the French -National Assembly in our favor. They have lately sustained some severe -checks. The papers will confuse you on the subject. The truth is, that -in a combination of three operations, Clairfayt killed and wounded 1,400, -took 600. Saxe Cobourg killed and wounded 4,000, and took 1,600. Brunswick -killed and wounded 1,300, and took 700. This is the sum. Their defects -are as sensibly felt at Philadelphia as at Paris, and I foresee we are to -have a trying campaign of it. Great Britain has as yet not condescended to -notice us in any way. No wish expressed of her neutrality, no answer of -any kind to a single complaint for the daily violations committed on our -sailors and ships. Indeed, we promise beforehand so fast that she has not -time to ask anything. We expect Genet daily. When Ternant received certain -account of his appointment, thinking he had nothing further to hope from -the Jacobins, he that very day found out something to be offended at in -me (in which I had been made _ex officio_ the ostensible agent in what -came from another quarter, and he has never been undeceived), attached -himself intimately to Hamilton, put on mourning for the King, and became -a perfect counter revolutioner. A few days ago, he received a letter -from Genet, giving him a hope that they will employ him in the army. On -this, he tacked about again, became a Jacobin, and refused to present the -Viscount Noailles, and some French aristocrats arrived here. From what I -learn from Noailles, La Fayette has been more imprudent than I expected, -but certainly innocent. - -Present my best affections to Mrs. Monroe, and accept them for yourself -also. Yours sincerely. - - -TO MR. PINCKNEY. - - Philadelphia, May 7, 1793. - -Dear Sir,--Since my letter of April the 16th, yours have been received of -March the 12th, 12th, 13th, 13th, and 19th. Before the receipt of these, -one of which covered the form of your passports, it had been determined -here, that passports should be issued in _our own ports_ only, as well -to secure us against those collusions which would be fraudulent towards -our friends, and would introduce a competition injurious to our own -vessels, as to induce these to remain in our own service, and thereby -give to the productions of our own soil the protection of its own flag -in its passage to foreign markets. As our citizens are free to purchase -and use _foreign-built_ vessels, and these, like all their other lawful -property, are entitled to the protection of their government, passports -will be issued to them as freely as to _home-built_ vessels. This is -strictly within our treaties, the letter of which, as well as their -spirit, authorizes passports to all vessels _belonging_ to citizens of -the United States. Our laws, indeed, indulge home-built vessels with -the payment of a lower tonnage, and to evidence their right to this, -permit them alone to take out registers from our own offices; but they do -not exclude foreign-built vessels owned by our citizens from any other -right. As our home built vessels are adequate to but a small proportion -of our transportation, if we could not suddenly augment the stock of our -shipping, our produce would be subject to war insurance in the vessels of -the belligerent powers, though we remain at peace ourselves. - -In one of your letters of March the 13th, you express your apprehension -that some of the belligerent powers may stop our vessels going with grain -to the ports of their enemies, and ask instructions which may meet the -question in various points of view, intending, however, in the meantime, -to contend for the amplest freedom of neutral nations. Your intention -in this is perfectly proper, and coincides with the ideas of our own -government in the particular case you put, as in general cases. Such a -stoppage to an unblockaded port would be so unequivocal an infringement -of the neutral rights, that we cannot conceive it will be attempted. -With respect to our conduct as a neutral nation, it is marked out in our -treaties with France and Holland, two of the belligerent powers; and as -the duties of neutrality require an _equal_ conduct to both parties, -we should, on that ground, act on the same principles towards Great -Britain. We presume that this would be satisfactory to her because of -its equality, and because she too has sanctioned the same principles in -her treaty with France. Even our seventeenth article with France, which -might be disagreeable, as from its nature it is unequal, is adopted -exactly by Great Britain in her fortieth article with the same power, and -would have laid her, in a like case, under the same unequal obligations -against us. We wish then, that it could be arranged with Great Britain, -that our treaties with France and Holland, and that of France and Great -Britain (which agree in what respects neutral nations), should form the -line of conduct for us all, in the present war, in the cases for which -they provide. Where they are silent, the general principles of the law -of nations must give the rule, as the principles of that law have been -liberalized in latter times by the refinement of manners and morals, -and evidenced by the declarations, stipulations, and practice of every -civilized nation. In our treaty with Prussia, indeed, we have gone ahead -of other nations, in doing away restraints on the commerce of peaceful -nations, by declaring that nothing shall be contraband. For in truth, in -the present improved state of the arts, when every country has such ample -means of procuring arms within and without itself, the regulations of -contraband answer no other end than to draw other nations into the war. -However, as other nations have not given sanction to this improvement, we -claim it, at present, with Prussia alone. - -You are desired to persevere till you obtain a regulation to guard our -vessels from having their hands impressed, and to inhibit the British -navy officers from taking them under the pretext of their being British -subjects. There appears but one practical rule, that the vessel being -American, shall be conclusive evidence that the hands are so to a certain -number, proportioned to her tonnage. Not more than one or two officers -shall be permitted to visit a vessel. Mr. Albion Coxe has just arrived. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO E. RANDOLPH. - - May 8, 1793. - -I have been still reflecting on the draft of letter from the Secretary -of the Treasury to the custom house officers, instructing them to be on -the watch as to all infractions or tendencies to infraction of the laws -of neutrality by our citizens, and to communicate the same to him. When -this paper was first communicated to me, though the whole of it struck me -disagreeably, I did not in the first moment see clearly the improprieties -but of the last clause. The more I have reflected, the more objectionable -the whole appears. By this proposal the collectors of the customs are to -be made an established corps of spies or informers against their fellow -citizens, whose actions they are to watch in secret, inform against in -secret to the Secretary of the Treasury, who is to communicate it to the -President. If the action and evidence appear to justify a prosecution, -a prosecution is to be set on foot on the _secret information of a -collector_. If it will not justify it, then the only consequence is that -the mind of government has been poisoned against a citizen, neither -known nor suspecting it, and perhaps too distant to bring forward his -justification. This will at least furnish the collector with a convenient -weapon to keep down a rival, draw a cloud over an inconvenient censor, or -satisfy mere malice and private enmity. The object of this new institution -is to be to prevent infractions of the laws of neutrality, and preserve -our peace with foreign nations. Acts involving war, or proceedings which -respect foreign nations, seem to belong either to the department of -war, or to that which is charged with the affairs of foreign nations; -but I cannot possibly conceive how the superintendence of the laws of -neutrality, or the preservation of our peace with foreign nations, can be -ascribed to the department of the treasury, which I suppose to comprehend -merely matters of revenue. It would be to add a new and a large field to a -department already amply provided with business, patronage, and influence. -It was urged as a reason that the collectors of the customs are in -convenient positions for this espionage. They are in convenient positions -too for building ships of war; but will that business be transplanted from -its department, merely because it can be conveniently done in another? -It seemed the desire that if this means was disapproved, some other -equivalent might be adopted. Though we consider the acts of a foreigner -making a captive within our limits, as an act of public hostility, and -therefore to be turned over to the military, rather than the civil power; -yet the acts of our own citizens infringing the laws of neutrality or -contemplating that, are offences against the ordinary laws and cognisable -by them. Grand juries are the constitutional inquisitors and informers of -the country, they are scattered everywhere, see everything, see it while -they suppose themselves mere private persons, and not with the prejudiced -eye of a permanent and systematic spy. Their information is on _oath_, -is public, it is in the vicinage of the party charged, and can be at once -refuted. These officers taken only occasionally from among the people, are -familiar to them, the office respected, and the experience of centuries -has shown that it is safely entrusted with our character, property and -liberty. A grand juror cannot carry on systematic persecution against -a neighbor whom he hates, because he is not permanent in the office. -The judges generally, by a charge, instruct the grand jurors in the -infractions of law which are to be noticed by them; and our judges are in -the habit of printing their charges in the newspapers. The judges, having -notice of the proclamation, will perceive that the occurrence of a foreign -war has brought into activity the laws of neutrality, as a part of the law -of the land. This new branch of the law they will know needs explanation -to the grand juries more than any other. They will study and define the -subjects to them and to the public. The public mind will by this be warned -against the acts which may endanger our peace, foreign nations will see a -much more respectable evidence of our _bona fide_ intentions to preserve -neutrality, and society will be relieved from the inquietude which must -forever be excited by the knowledge of the existence of such a poison -in it as secret accusation. It will be easy to suggest this matter to -the attention of the judges, and that alone puts the whole machine into -motion. The one is a familiar, impartial and precious instrument, the -other, not popular in its present functions, will be odious in the new -ones, and the odium will reach the Executive, who will be considered as -having planted a germ of private inquisition absolutely unknown to our -laws. I am not quite certain what was considered as agreed upon yesterday; -it cannot be too late, however, to suggest the substitution of the judges -and grand jurors in place of the collectors of the customs. - - -TO THE SECRETARY OF THE TREASURY. - - Philadelphia, May 8, 1793. - -Sir,--I had wished to have kept back the issuing passports for sea -vessels till the question should be decided whether the treaty with France -should be declared void, lest the issuing the passports presented by that -treaty might be considered as prejudging the question. The importunities, -however, of the owners obliging me to give out a few, I had them printed -in the Dutch form only. Not then having sufficiently considered on the -best mode of distributing them, I took the liberty, as an expedient of -the moment, of sending seven (the number of vessels then waiting in this -port) to Mr. Delaney, asking the favor of him to fill them up and deliver -them for me. Application for another parcel coming, and the applicant -not being able to wait himself till I could send them to be signed by the -President, he desired I would lodge them with Mr. Cox, on whom it would -be convenient for him to call for them. I did so; and afterwards sent a -second parcel of a dozen, which were pressingly requested. The President -having now decided that the French passport may also be used, it is at -this time in the press, and the whole instrument completed with the two -passports. Letters and certificate in its final form, will be ready for -signature to-morrow. It has therefore now become necessary to determine -on the ultimate channel of distributing them. I am not the judge whether -the task of distribution might interfere too much with the other duties of -the collectors of the customs. If it would not, their position seems best -accommodated to that distribution. I took the liberty, therefore, to-day, -of proposing to the President that, if you should think there would be no -inconvenience in charging them with the distribution, the blanks might -be lodged with them; of which he approved, and I have now the honor of -submitting that question to you. If you find no inconvenience in it, I -will send 500 blanks, as soon as they shall be signed, either to your -office or to that of the commissioners of the revenue, whichever you shall -prefer, to be forwarded to the collectors of the different ports; and from -time to time afterwards will keep up a supply. Should it, however, in your -opinion, interfere too much with the other duties of those officers, I -will submit to the President the depositing them with the deputy marshals -appointed, or to be appointed in every port. - -I will ask the favor of your answer, as the applications are numerous and -pressing, and I am unwilling to be further troublesome to the gentlemen -who have hitherto been so kind as to fill up and deliver them for me till -some arrangement would be made which might relieve me personally from -a business with the details of which I was not acquainted. I have the -honor to be, with great respect. Sir, your most obedient, and most humble -servant. - - -TO J. MADISON. - - May 13. - -I wrote you on the 5th covering an open letter to Colonel Monroe, since -that I have received yours of April 29. We are going on here in the same -spirit still. The Anglophobia has seized violently on three members of -our council. This sets almost every day on questions of neutrality. H. -produced the other day the draft of a letter from himself to the collector -of the customs, giving them in charge to watch over all proceedings in -their district, contrary to the laws of neutrality or tending to impair -our peace with the belligerent powers, and particularly to observe if -vessels pierced for guns should be built, and to inform _him_ of it. This -was objected to, 1st. As setting up a system of espionage, destructive -of the peace of society. 2d. Transferring to the treasury department the -conservation of the laws of neutrality and peace with foreign nations. -3d. It was rather proposed to intimate to the judges that the laws -respecting neutrality being now come into activity, they should charge -grand juries with the observance of them; these being constitutional and -public informers, and the person accused knowing of what they should do, -and having an opportunity of justifying themselves. E. R. found out a hair -to split, which, as always happens, became the decision. H. is to write -to the collectors of the customs, who are to convey their information to -the attorney of the district, to whom E. R. is to write, to receive their -information and proceed by indictment. The clause respecting the building -vessels pierced for guns is to be omitted; for, though three against one, -thought it would be a breach of neutrality; yet they thought we might -defer giving a public opinion on it as yet. Everything, my dear Sir, -hangs upon the opinion of a single person, and that the most indecisive -one I ever had to do business with. He always contrives to agree in -principle with one, but in conclusion with the other. Anglophobia, -secret anti-gallomany, a federalisme outree, and a present ease in his -circumstances not usual, have decided the complexion of our dispositions, -and our proceedings towards the conspirators against human liberty, and -the asserters of it, which is unjustifiable in principle, in interest, -and in respect to the wishes of our constituents. A manly neutrality, -claiming the liberal rights ascribed to that condition by the very persons -at war, was the part we should have taken, and would I believe have given -satisfaction to our allies. If anything prevents its being a mere English -neutrality, it will be that the penchant of the President is not that -way, and above all, the ardent spirit of our constituents. The line is -now drawn so clearly as to show on one side, 1. The fashionable circles of -Philadelphia, New York, Boston and Charleston, (natural aristocrats.) 2. -Merchants trading on British capital. 3. Paper men, (all the old tories -are found in some one of the three descriptions.) On the other side -are, 1. Merchants trading on their own capital. 2. Irish merchants. 3. -Tradesmen, mechanics, farmers, and every other possible description of our -citizens. Genett is not yet arrived though hourly expected. I have just -heard that the workmen I had desired from Europe were engaged and about -to embark. Another strong motive for making me uneasy here. Adieu. - - -TO MR. HAMMOND. - - Philadelphia, May 15, 1793. - -Sir,--Your several memorials of the 8th instant have been laid before -the President, as had been that of the 2d, as soon as received. They have -been considered with all the attention and the impartiality which a firm -determination to do what is equal and right between all the belligerent -powers, could inspire. - -In one of these, you communicate, on the information of the British -consul at Charleston, that the consul of France at the same place had -condemned as legal prize, a British vessel, captured by a French frigate, -and you justly add that this judicial act is not warranted by the usage -of nations, nor by the stipulations existing between the United States -and France. I observe further, that it is not warranted by any law of -the land. It is consequently a mere nullity; as such it can be respected -in no court, can make no part in the title to the vessel, nor give to -the purchaser any other security than what he would have had without -it. In short, it is so absolutely nothing as to give no foundation of -just concern to any person interested in the fate of the vessel; and in -this point of view, Sir, I am in hopes you will see it. The proceeding, -indeed, if the British consul has been rightly informed, and we have -no other information of it, has been an act of disrespect towards the -United States, to which its government cannot be inattentive; a just -sense of our own rights and duties, and the obviousness of the principle, -are a security that no inconveniences will be permitted to arise from -repetitions of it. - -The purchase of arms and military accoutrements by an agent of the French -government, in this country, with an intent to export them to France, -is the subject of another of the memorials. Of this fact we are equally -uninformed as of the former. Our citizens have been always free to make, -vend and export arms. It is the constant occupation and livelihood of -some of them. To suppress their callings, the only means perhaps of their -subsistence, because a war exists in foreign and distant countries, in -which we have no concern, would scarcely be expected. It would be hard -in principle, and impossible in practice. The law of nations, therefore, -respecting the rights of those at peace, does not require from them such -an internal derangement in their occupations. It is satisfied with the -external penalty pronounced in the President's proclamation, that of -confiscation of such portion of these arms as shall fall into the hands of -any of the belligerent powers on their way to the ports of their enemies. -To this penalty our citizens are warned that they will be abandoned; -and that even private contraventions may work no inequality between the -parties at war, the benefits of them will be left equally free and open -to all. - -The capture of the British ship Grange by the French frigate l'Embuscade, -has on inquiry been found to have taken place within the bay of Delaware -and jurisdiction of the United States, as stated in your memorial of -the 2d instant. The government is, therefore, taking measures for the -liberation of the crew and restitution of the ship and cargo. - -It condemns in the highest degree the conduct of any of our citizens who -may personally engage in committing hostilities at sea against any of the -nations, parties to the present war, and will exert all the means with -which the laws and Constitution have armed them to discover such as offend -herein, and bring them to condign punishment. Of these dispositions I am -authorized to give assurances to all the parties, without reserve. Our -real friendship for them all, our desire to pursue ourselves the path -of peace, as the only one leading surely to prosperity, and our wish to -preserve the morals of our citizens from being vitiated by courses of -lawless plunder and murder, may assure you that our proceedings in this -respect, will be with good faith, fervor and vigilance. Instructions -are consequently given to the proper law officer, to institute such -proceedings as the laws will justify, for apprehending and punishing -certain individuals of our citizens, suggested to have been concerned in -enterprises of this kind, as mentioned in one of your memorials of the -8th instant. - -The practice of commissioning, equipping and manning vessels in our ports, -to cruise on any of the belligerent parties, is equally and entirely -disapproved; and the government will take effectual measures to prevent -a repetition of it. The remaining point in the same memorial is reserved -for further consideration. - -I trust, Sir, that in the readiness with which the United States have -attended to the redress of such wrongs as are committed by their citizens, -or within their jurisdiction, you will see proofs of their justice and -impartiality to all parties; and that it will insure to their citizens -pursuing their lawful business by sea or by land, in all parts of the -world, a like efficacious interposition of governing powers to protect -them from injury, and redress it, where it has taken place. With such -dispositions on both sides, vigilantly and faithfully carried into effect, -we may hope that the blessings of peace on the one part, will be as little -impaired, and the evils of war on the other, as little aggravated, as the -nature of things will permit; and that this should be so, is, we trust, -the prayer of all. - -I have the honor to be, with sentiments of respect, Sir, your most -obedient, and most humble servant. - - -TO M. DE TERNANT.[25] - Philadelphia, May 15, 1793. - -Sir,--Having received several memorials from the British minister on -subjects arising out of the present war, I take the liberty of enclosing -them to you, and shall add an explanation of the determinations of the -government thereon. These will serve to indicate the principles on which -it is meant to proceed; and which are to be applied, with impartiality, -to the proceedings of both parties. They will form, therefore, as far as -they go, a rule of action for them as for us. - -In one of these memorials, it is stated, that arms and military -accoutrements are now buying up by a French agent in this country, with -an intent to export them to France. We have answered, &c. - - * * * * * - -Another of these memorials complains that the consul of France at -Charleston, has condemned as legal prize, a British vessel captured by -a French frigate, observing that this judicial act is not warranted by -the usage of nations nor by the stipulations existing between the United -States and France. It is true, &c. - - * * * * * - -Our information is not perfect on the subject matter of another of these -memorials, which states that a vessel has been fitted out at Charleston, -manned there, and partly too with citizens of the United States, received -a commission there to cruise against nations at peace with us, and -has taken and sent a British vessel into this port. Without taking all -these facts for granted, we have not hesitated to express our highest -disapprobation of the conduct of any of our citizens who may personally -engage in committing hostilities at sea against any of the nations, -parties to the present war, and to declare, that if the case has happened, -or that should it happen, we will exert all the measures with which the -laws and Constitution have armed us, to discover such offenders and bring -them to condign punishment. And that the like conduct shall be observed, -should the like enterprises be attempted against your nation, I am -authorized to give you the most unreserved assurances. - - * * * * * - -The capture of the British ship Grange, by the French frigate l'Embuscade, -within the Delaware, has been the subject of a former letter to you. On -full and mature consideration, the government deems the capture to have -been unquestionably within its jurisdiction, and that according to the -rules of neutrality and the protection it owes to all persons while within -its limits, it is bound to see that the crew be liberated, and the vessel -and cargo restored to their former owners. The Attorney General of the -United States has made a statement of the grounds of this determination, -a copy of which I have the honor to enclose you. I am, in consequence, -charged by the President of the United States to express to you his -expectation, and at the same time his confidence, that you will be pleased -to take immediate and effectual measures for having the ship Grange and -her cargo restored to the British owners, and the persons taken on board -her set at liberty. - -I am persuaded, Sir, you will be sensible, on mature consideration, that -in forming these determinations, the government of the United States has -listened to nothing but the dictates of immutable justice; they consider -the rigorous exercise of that virtue as the surest means of preserving -perfect harmony between the United States and the powers at war. - -I have the honor to be, with sentiments of great respect, Sir, your most -obedient, and most humble servant. - - -FOOTNOTES: - - [25] [The parts of this letter which are mere repetitions of what is - contained in the preceding, to the British minister, are omitted.] - - -TO J. MADISON. - - Philadelphia, May 19, 1793. - - * * * * * - -I dare say you will have judged from the pusillanimity of the -proclamation, from whose pen it came. A fear lest any affection should be -discovered is distinguishable enough. This base fear will produce the very -evil they wish to avoid. For our constituents seeing that the government -does not express their mind, perhaps rather leans the other way, are -coming forward to express it themselves. It was suspected that there was -not a clear mind in the P's counsellors to receive Genet. The citizens, -however, determined to receive him. Arrangements taken for meeting him at -Gray's Ferry in a great body. He escaped that by arriving in town with the -letters which brought information that he was on the road. The merchants, -_i. e._ Fitzsimmons & Co., were to present an address to _the P._ on the -neutrality proclaimed. It contained much wisdom, but no affection. You -will see it in the papers enclosed. The citizens are determined to address -_Genet_. Rittenhouse, Hutcheson, Dallas, Sargeant, &c., were at the head -of it. Though a select body of only thirty was appointed to present it, -yet a vast concourse of people attended him. I have not seen it; but it is -understood to be the counter address. Ternant's hopes of employment in the -French army turn out to be without grounds. He is told by the Minister of -War expressly that the places of Marechal de Camp are all full. He thinks -it more prudent, therefore, to remain in America. He delivered yesterday -his letters of recall, and Mr. Genet presented his of credence. It is -impossible for anything to be more affectionate, more magnanimous than -the purport of his mission. We know that under present circumstances we -have a right to call upon you for the guarantee of our islands. But we do -not desire it. We wish you to do nothing but what is for your own good, -and we will do all in our power to promote it. Cherish your own peace and -prosperity. You have expressed a willingness to enter into a more liberal -treaty of commerce with us; I bring full powers (and he produced them) to -form such a treaty, and a preliminary decree of the National Convention to -lay open our country and its colonies to you for every purpose of utility, -without your participating the burthens of maintaining and defending them. -We see in you the only person on earth who can love us sincerely, and -merit to be so loved. In short, he offers everything, and asks nothing. -Yet I know the offers will be opposed, and suspect they will not be -accepted. In short, my dear Sir, it is impossible for you to conceive what -is passing in our conclave; and it is evident that one or two, at least, -under pretence of avoiding war on the one side, have no great antipathy -to run foul of it on the other, and to make a part in the confederacy of -princes against human liberty. The people in the western parts of this -State have been to the excise officer, and threatened to burn his house, -&c. They were blackened and otherwise disguised, so as to be unknown. -He has resigned, and H. says there is no possibility of getting the law -executed there, and that probably the evil will spread. A proclamation is -to be issued, and another instance of my being forced to appear to approve -what I have condemned uniformly from its first conception. - -I expect every day to receive from Mr. Pinckney the model of the Scotch -threshing machine. It was to have come in a ship which arrived three weeks -ago, but the workman had not quite finished it. Mr. P. writes me word -that the machine from which my model is taken, threshes eight quarters -(sixty-four bushels) of oats _an hour_, with four horses and four men. I -hope to get it in time to have one erected at Monticello to clean out the -present crop. I enclose you the pamphlet you desired. Adieu. - - -TO THE GOVERNOR OF VIRGINIA. - - Philadelphia, May 21, 1793. - -Sir,--I have been duly honored with your favor of May the 8th, covering -the letter of Mr. Newton, and that of May the 13th, with the letter of -the British Consul at Norfolk and the information of Henry Tucker, all of -which have been laid before the President. - -The putting the several harbors of the United States into a state of -defence, having never yet been the subject of deliberation and decision -with the Legislature, and consequently, the necessary moneys not having -been appropriated or levied, the President does not find himself in a -situation competent to comply with the proposition on the subject of -Norfolk. - -Mr. Newton supposes, that by the treaties with France and Holland, -those powers are authorized to arm vessels within our ports. A careful -examination of the treaties will show, however, that no such permission -has been stipulated therein. Measures are accordingly taken to correct -this error as to the past, and others will be taken to prevent a -repetition of it. Proceedings are ordered against Mr. Hooper and other -American citizens who have participated in any hostilities against -nations at peace with the United States, and circular instructions -are given to the District Attorneys of the United States, to institute -like prosecutions in all future similar cases. The bringing vessels to, -of whatever nation, while within the limits of the protection of the -United States, will be pointedly forbidden; the government being firmly -determined to enforce a peaceable demeanor among all the parties within -those limits, and to deal to all the same impartial measure. - -I have the honor to be, with the most perfect respect, your Excellency's -most obedient, and most humble servant. - - -TO MR. VAN BERCKEL. - - Philadelphia, May 29, 1793. - -Sir,--I am favored with your note of the 22d instant, stating that under -circumstances of invasion and urgent danger, their High Mightinesses, -the States General of the United Netherlands, had found it necessary to -lay an embargo on all vessels in their ports; and that an American ship, -the Hope, being involved in this general order, the master had claimed -an exemption under the eighth article of our treaty, which it had been -necessary to refuse him. - -I have laid this note before the President of the United States, and -have it in charge from him to assure you, that the United States having -the utmost confidence in the sincerity and good faith with which their -High Mightinesses will observe the treaty between the two countries, -feel no dissatisfaction at the circumstance mentioned in your note. They -are sensible that in human affairs, there are moments of difficulty and -necessity, to which it is the office of friendship to accommodate its -strict rights. - -The President considers the explanation, which their High Mightinesses -have instructed you to give of this incident, as a proof of their desire -to cultivate harmony and good understanding with these United States, -and charges me to assure you that he has nothing more at heart than to -convince their High Mightinesses of the same amicable sentiments on the -part of this country, and of the certainty with which they may count on -its justice and friendship on every occasion. - -I have the honor to be, with great respect and esteem, Sir, your most -obedient, and most humble servant. - - -TO MESSRS. CARMICHAEL AND SHORT. - - Philadelphia, May 31, 1793. - -Gentlemen,--In my letters of October the 14th and November the 3d, 1792, -I communicated to you papers and observations on the conduct of the -Spanish officers on our south-western frontier, and particularly of the -Baron de Carondelet, the Governor of New Orleans. These made it evident -that he had industriously excited the southern Indians to war against us, -and had furnished them with arms and ammunition in abundance, for that -express purpose. We placed this under the view of the commissioners of -Spain here, who undertook to communicate it to their court, and also to -write on the subject to the Baron de Carondelet. They have lately made us -communications from both these quarters; the aspect of which, however, -is by no means such as to remove the causes of our dissatisfaction. I -send you these communications, consisting of treaties between Spain, the -Creeks, Choctaws, Chickasaws, and Cherokees, handed us by express order -from their court, a speech of Baron de Carondelet to the Cherokees, and -a letter from Messrs. de Viar and Jaudenes, covering that speech, and -containing in itself very serious matter. - -I will first observe to you, that the question stated in that letter to -have been proposed to the Cherokees, what part they would take, in the -event of a war between the United States and Spain? was never proposed by -authority from this government. Its instructions to its agents have, on -the contrary, been explicitly to cultivate, with good faith, the peace -between Spain and the Indians; and from the known prudence and good -conduct of Governor Blount, to whom it is imputed, it is not believed to -have been proposed by him. This proposition then, you are authorized to -disavow to the court of Madrid, in the most unequivocal terms. - -With respect to the treaties, the speech and the letter, you will see that -they undertake to espouse the concerns of Indians within our limits; to be -mediators of boundary between them and us; to guarantee that boundary to -them; to support them with their whole power; and hazard to us intimations -of acquiescence to avoid disagreeable results. They even propose to extend -their intermeddlings to the northern Indians. These are pretensions so -totally inconsistent with the usages established among the white nations, -with respect to Indians living within their several limits, that it -is believed no example of them can be produced, in times of peace; and -they are presented to us in a manner which we cannot deem friendly. The -consequence is, that the Indians, and particularly the Creeks, finding -themselves so encouraged, have passed, without the least provocation on -our part, from a state of peace, which appeared to be well settled, to -that of serious hostility. Their murders and depredations, which, for -some months, we were willing to hope were only individual aggressions, -now assume the appearance of unequivocal war. Yet such is our desire -of courting and cultivating the peace of all our Indian neighbors, that -instead of marching at once into their country and taking satisfaction -ourselves, we are peaceably requiring punishment of the individual -aggressors; and, in the meantime, are holding ourselves entirely on the -defensive. But this state of things cannot continue. Our citizens are -entitled to effectual protection, and defensive measures are, at the same -time, the most expensive and least effectual. If we find then, that peace -cannot be obtained by the temperate means we are still pursuing, we must -proceed to those which are extreme, and meet all the consequences, of -whatever nature, or from whatever quarter they may be. We have certainly -been always desirous to avoid whatever might disturb our harmony with -Spain. We should be still more so, at a moment when we see that nation -making part of so powerful a confederacy as is formed in Europe, and under -particular good understanding with England, our other neighbor. In so -delicate a position, therefore, instead of expressing our sense of these -things, by way of answer to Messrs. Viar and Jaudenes, the President has -thought it better that it should be done to you, and to trust to your -discretion the moment, the measure, and the form of communicating it -to the court of Madrid. The actual state of Europe at the time you will -receive this, the solidity of the confederacy, and especially as between -Spain and England, the temper and views of the former, or of both, towards -us, the state of your negotiation, are circumstances which will enable you -better to decide how far it may be necessary to soften, or even perhaps -to suppress, the expressions of our sentiments on this subject. To your -discretion, therefore, it is committed by the President, to let the court -of Spain see how impossible it is for us to submit with folded arms to -be butchered by these savages, and to prepare them to view, with a just -eye, the more vigorous measures we must pursue to put an end to their -atrocities, if the moderate ones we are now taking should fail of that -effect. - -Our situation on other accounts and in other quarters, is critical. The -President is, therefore, constantly anxious to know the state of things -with you, and I entreat you to keep him constantly and well-informed. -Mr. Yznardi, the younger, lately appointed consul of the United States at -Cadiz, may be a convenient channel of forwarding your letters. - -I have the honor to be, with great esteem and respect, Gentlemen, your -most obedient, and most humble servant. - - -TO JAMES MADISON. - - June 2, 1793. - -I wrote you on the 27th ult. You have seen in the papers that some -privateers have been fitted out in Charleston by French citizens, with -their own money, manned by themselves, and regularly commissioned by -their nation. They have taken several prizes, and brought them into -our ports. Some native citizens had joined them. These are arrested and -under prosecution, and orders are sent to all the ports to prevent the -equipping privateers by any persons foreign or native. So far is right. -But the vessels so equipped at Charleston are ordered to leave the -ports of the United States. This I think was not right. Hammand demanded -further surrender of the prizes they had taken. This is refused on the -principle that by the laws of war the property is transferred to the -captors. You will see in a paper I enclose, Dumourier's "Address to his -nation, and also Saxe Cobourg." I am glad to see a probability that the -constitution of 1791, would be the term at which the combined powers would -stop. Consequently, that the re-establishment of that is the worst the -French have to fear. I am also glad to see that the combiners adopt the -slow process of nibbling at the strong posts on the frontiers. This will -give to France a great deal of time. The thing which gives me uneasiness -is their internal combustion. This may by famine be rendered extreme. -E. R. sets out the day after to-morrow for Virginia. I have no doubt -he is charged to bring back a faithful statement of the dispositions -of that State. I wish therefore he may fall into hands which will not -deceive him. Have you time and the means of impressing Wilson Nicholas -(who will be much with E. R.) with the necessity of giving him a strong -and perfect understanding of the public mind? Considering that this -journey may strengthen his nerves, and dispose him more favorably to the -propositions of a treaty between the two republics, knowing that in this -moment the division on that question is 4 to 1, and that the last news has -no tendency to proselyte any of the majority, I have myself proposed to -refer taking up the question till his return. There is too at this time -a lowering disposition perceivable both in England and Spain. The former -keeps herself aloof, and in a state of incommunication with us, except -in the way of demand. The latter has not begun auspiciously with C. and -S. at Madrid, and has lately sent 1,500 men to New Orleans, and greatly -strengthened her upper posts on the Mississippi. I think it more probable -than otherwise that Congress will be convened before the constitutional -day. About the last of July this may be known. I should myself wish to -keep their meeting off to the beginning of October, if affairs will permit -it. The invasion of the Creeks is what will most likely occasion its -convocation. You will see Mrs. House's death mentioned in the papers. She -extinguished almost like a candle. I have not seen Mrs. Trist since, but -I am told she means to give up the house immediately, and that she has -suffered great loss in her own fortune by exertions hitherto to support -it. Browse is not returned, nor has been heard of for some time. Bartram -is extremely anxious to get a large supply of seeds of the Kentucky -coffee tree. I told him I would use all my interest with you to obtain -it, as I think I heard you say that some neighbors of yours had a large -number of trees. Be so good as to take measures for bringing a good -quantity, if possible, to Bartram when you come to Congress. Adieu. Yours -affectionately. - - -TO MR. RANDOLPH. - - Philadelphia, June 2, 1793. - -Dear Sir,--I have to acknowledge the receipt of yours of May 16th, with -the information always pleasing of your being all well. In addition to -the news which you will see in the papers, we now have the certainty -of Dumourier's operation. He had proposed an armistice to the Prince -of Saxe Cobourg, which was agreed to on condition of his withdrawing -his troops from the Netherlands. He did so; it was then agreed that he -should march with his army (on whom he thought he could rely) to Paris, -and re-establish the constitution of 1791. On which Cobourg stipulated -peace on the part of the Emperor and K. of Prussia. Dumourier's army knew -nothing of this. He made them believe the deputies sent from the National -Assembly were to arrest and carry him to Paris to be tried for his defeat -of the 18th to the 22d of March. They considered this as an injury to -themselves, and really loved and confided in him. They set out with him, -but very soon began to suspect his purpose was to overset the republic, -and set up a king. They began to drop off in parties, and at length in a -body refused to go further. On this he fled with two regiments of horse, -mostly foreigners, to the Austrians. His Saxe Cobourg's address to the -French nation prove all this. Hostilities recommenced; and the combiners -have determined not to attempt to march to Paris, as the last year, but -to take all the strong places on the frontier. This will at least give -time to the republic. The first thing to be feared for them is famine. -This will infallibly produce anarchy. Indeed, that joined to a draught of -soldiers, has already produced some serious insurrections. It is still -a comfort to see by the address of Dumourier and Saxe Cobourg that the -constitution of 1791 is the worst thing which is to be forced on the -French. But even the falling back to that would give wonderful vigor to -our monocrats, and unquestionably affect the tone of administering our -government. Indeed, I fear that if this summer should prove disastrous -to the French, it will damp that energy of republicanism in our new -Congress, from which I had hoped so much reformation. We have had here -for a considerable time past true winter weather, quite cold enough for -white frost. Though that accident has not happened, fires are still kept -up, having been intermitted only for short intervals of very hot weather. -I have not yet received my model of the threshing mill. I wish it may come -in time for the present crop; after so mild a winter as the last we must -expect weavil. My love to my dear Martha, and kiss the little ones for -me. Adieu my dear Sir. Yours with constant affection. - - -MR. GENET, MINISTER PLENIPOTENTIARY OF FRANCE. - - Philadelphia, June 5, 1793. - -Sir,--In my letter of May the 15th, to M. de Ternant, your predecessor, -after stating the answer which had been given to the several memorials of -the British minister, of May the 8th, it was observed that a part still -remained unanswered of that which respected the fitting out of armed -vessels in Charleston, to cruise against nations with whom we were at -peace. - -In a conversation which I had afterwards the honor of holding with you, -I observed that one of those armed vessels, the citizen Genet, had come -into this port with a prize; that the President had thereupon taken -the case into further consideration, and after mature consultation and -deliberation, was of opinion, that the arming and equipping vessels in -the ports of the United States to cruise against nations with whom they -are at peace, was incompatible with the territorial sovereignty of the -United States; that it made them instrumental to the annoyance of those -nations, and thereby tended to compromit their peace; and that he thought -it necessary as an evidence of good faith to them, as well as a proper -reparation to the sovereignty of the country, that the armed vessels of -this description should depart from the ports of the United States. - -The letter of the 27th instant, with which you have honored me, has -been laid before the President, and that part of it which contains your -observations on this subject has been particularly attended to. The -respect due to whatever comes from you, friendship for the French nation, -and justice to all, have induced him to re-examine the subject, and -particularly to give your representations thereon, the consideration they -deservedly claim. After fully weighing again, however, all the principles -and circumstances of the case, the result appears still to be, that it is -the _right_ of every nation to prohibit acts of sovereignty from being -exercised by any other within its limits; and the _duty_ of a neutral -nation to prohibit such as would injure one of the warring powers; that -the granting military commissions within the United States by any other -authority than their own, it is an infringement on their sovereignty, and -particularly so when granted to their own citizens to lead them to acts -contrary to the duties they owe their own country; that the departure -of vessels thus illegally equipped from the ports of the United States, -will be but an acknowledgment of respect analogous to the breach of it, -while it is necessary on their part, as an evidence of their faithful -neutrality. On these considerations, Sir, the President thinks that the -United States owe it to themselves and to the nations in their friendship, -to expect this act of reparation on the part of vessels, marked in their -very equipment with offence to the laws of the land, of which the laws of -nations makes an integral part. - -The expressions of friendly sentiments which we have already had the -satisfaction of receiving from you, leave no room to doubt that the -conclusion of the President being thus made known to you, these vessels -will be permitted to give no further umbrage by their presence in the -ports of the United States. - -I have the honor to be, with sentiments of perfect esteem and respect, -Sir, your most obedient, and most humble servant. - - -TO MR. HAMMOND. - - Philadelphia, June 5, 1793. - -Sir,--In the letter which I had the honor of writing you on the 15th -of May, in answer to your several memorials of the 8th of that month, I -mentioned that the President reserved for further consideration, a part -of the one which related to the equipment of two privateers in the port -of Charleston. The part alluded to, was that wherein you express your -confidence that the executive government of the United States would pursue -measures for repressing such practices in future, and for restoring to -their rightful owners any captures, which such privateers might bring into -the ports of the United States. - -The President, after a full investigation of this subject and the most -mature consideration, has charged me to communicate to you, that the first -part of this application is found to be just, and that effectual measures -are taken for preventing repetitions of the act therein complained of; but -that the latter part, desiring restitution of the prizes, is understood -to be inconsistent with the rules which govern such cases, and would, -therefore, be unjustifiable towards the other party. - -The principal agents in this transaction were French citizens. Being -within the United States at the moment a war broke out between their own -and another country, they determine to go into its defence; they purchase, -they arm and equip a vessel with their own money, man it themselves, -receive a regular commission from their nation, depart out of the -United States, and then commence hostilities by capturing a vessel. If, -under these circumstances, the commission of the captors was valid, the -property, according to the laws of war, was by the capture transferred to -them, and it would be an aggression on their nation, for the United States -to rescue it from them, whether on the high seas or on coming into their -ports. If the commission was not valid, and, consequently, the property -not transferred by the laws of war to the captors, then the case would -have been cognizable in our courts of admiralty, and the owners might -have gone thither for redress. So that on neither supposition, would the -executive be justifiable in interposing. - -With respect to the United States, the transaction can be in nowise -imputed to them. It was the first moment of the war, in one of their most -distant ports, before measures could be provided by the government to meet -all the cases which such a state of things was to produce, impossible to -have been known, and therefore, impossible to have been prevented by that -government. - -The moment it was known, the most energetic orders were sent to every -State and port of the Union, to prevent a repetition of the accident. -On a suggestion that citizens of the United States had taken part in -the act, one, who was designated, was instantly committed to prison, -for prosecution; one or two others have been since named, and committed -in like manner; and should it appear that there were still others, no -measures will be spared to bring them to justice. The President has even -gone further. He has required, as a reparation of their breach of respect -to the United States, that the vessels so armed and equipped, shall depart -from our ports. - -You will see, Sir, in these proceedings of the President, unequivocal -proofs of the line of strict right which he means to pursue. The measures -now mentioned, are taken in justice to the one party; the ulterior -measure, of seizing and restoring the prizes, is declined in justice to -the other; and the evil, thus early arrested, will be of very limited -effects; perhaps, indeed, soon disappear altogether. - -I have the honor to be, with sentiments of respect, Sir, your most -obedient, and most humble servant. - - -TO THE PRESIDENT OF THE UNITED STATES. - - June 6, 1793. - -I cannot but think that to decline the propositions of Mr. Genet on the -subject of our debt, without assigning any reason at all, would have a -very dry and unpleasant aspect indeed. We are then to examine what are our -good reasons for the refusal, which of them maybe spoken out, and which -may not. 1st. Want of confidence in the continuance of the present form of -government, and consequently that _advances_ to them might commit us with -their successors. This cannot be spoken out. 2d. Since they propose to -take the debt in produce, it would be better for us that it should be done -in moderate masses yearly, than all in one year. This cannot be professed. -3d. When M. de Calonne was Minister of Finance, a Dutch company proposed -to buy up the whole of our debt, by dividing it into actions or shares. -I think Mr. Claviere, now Minister of Finance, was their agent. It was -observed to M. de Calonne, that to create such a mass of American paper, -divide it into shares, and let them deluge the market, would depreciate -the rest of our paper, and our credit in general; that the credit of a -nation was a delicate and important thing, and should not be risked on -such an operation. M. de Calonne, sensible of the injury of the operation -to us, declined it. In May, 1791, there came, through Mr. Otto, a similar -proposition from Schweizer, Jeanneret & Co. We had a communication on -the subject from Mr. Short, urging this same reason strongly. It was -referred to the Secretary of the Treasury, who, in a letter to yourself, -assigned the reasons against it, and these were communicated to Mr. Otto, -who acquiesced in them. This objection, then, having been sufficient to -decline the proposition twice before, and having been urged to the two -preceding forms of government (the ancient and that of 1791), will not -be considered as founded in objections to the present form. 4th. The law -allows the whole debt to be paid only on condition it can be done on terms -_advantageous_ to the United States. The minister foresees this objection, -and thinks he answers it by observing the _advantage_ which the payment in -_produce_ will occasion. It would be easy to show that this was not the -sort of advantage the Legislature meant, but a _lower rate of interest_. -5th. I cannot but suppose that the Secretary of the Treasury, being much -more familiar than I am with the money operations of the Treasury, would, -on examination, be able to derive practical objections from them. We -pay to France but five per cent. The people of this country would never -subscribe their money for less than six. If, to remedy this, obligations -at less than five per cent. were offered, and accepted by Genet, he must -part with them immediately, at a considerable discount, to indemnify the -loss of the one per cent., and at still greater discount to bring them -down to par with our present six per cent., so that the operation would -be equally disgraceful to us and losing to them, &c., &c. - -I think it very material myself to keep alive the friendly sentiments -of that country, as far as can be done without risking war or double -payment. If the instalments falling due this year can be advanced, -without incurring those dangers, I should be for doing it. We now see by -the declaration of the Prince of Saxe Cobourg, on the part of Austria -and Prussia, that the ultimate point they desire is to restore the -constitution of 1791. Were this even to be done before the pay days of -this year, there is no doubt in my mind but that that government (as -republican as the present, except in the form of its Executive) would -confirm an advance so moderate in sum and time. I am sure the _nation_ -of France would never suffer their government to go to war _with us_ for -such a _bagatelle_, and the more surely if that bagatelle shall have been -granted by us so as to _please_ and not to _displease_ the nation; so as -to keep their affections engaged on our side. So that I should have no -fear in advancing the instalments of this year at epochs convenient to the -Treasury. But at any rate should be for assigning reasons for not changing -the form of the debt. These thoughts are very hastily thrown on paper, as -will be but too evident. - -I have the honor to be, with sentiments of sincere attachment and respect, -Sir, your most obedient, and most humble servant. - - -TO JAMES MADISON. - - June 9, 1793. - -I have to acknowledge the receipt of your two favors of May 27th and -29th, since the date of my last which was of the 2d instant. In that of -the 27th you say you must not make your final exit from public life till -it will be marked with justifying circumstances which all good citizens -will respect, and to which your friends can appeal. To my fellow-citizens -the debt of service has been fully and faithfully paid. I acknowledge -that such a debt exists, that a tour of duty, in whatever line he can -be most useful to his country, is due from every individual. It is not -easy perhaps to say of what length exactly this tour should be, but we -may safely say of what length it should not be. Not of our whole life, -for instance, for that would be to be born a slave--not even of a very -large portion of it. I have now been in the public service four and -twenty years; one half of which has been spent in total occupation with -their affairs, and absence from my own. I have served my tour then. No -positive engagement, by word or deed, binds me to their further service. -No commitment of their interests in any enterprise by me requires that -I should see them through it. I am pledged by no act which gives any -tribunal a call upon me before I withdraw. Even my enemies do not pretend -this. I stand clear then of public right on all points--my friends I have -not committed. No circumstances have attended my passage from office to -office, which could lead them, and others through them, into deception -as to the time I might remain, and particularly they and all have known -with what reluctance I engaged and have continued in the present one, and -of my uniform determination to return from it at an early day. If the -public then has no claim on me, and my friends nothing to justify, the -decision will rest on my own feelings alone. There has been a time when -these were very different from what they are now; when perhaps the esteem -of the world was of higher value in my eye than everything in it. But age, -experience and reflection preserving to that only its due value, have set -a higher on tranquillity. The motion of my blood no longer keeps time -with the tumult of the world. It leads me to seek for happiness in the -lap and love of my family, in the society of my neighbors and my books, -in the wholesome occupations of my farm and my affairs, in an interest -or affection in every bud that opens, in every breath that blows around -me, in an entire freedom of rest, of motion, of thought, owing account -to myself alone of my hours and actions. What must be the principle of -that calculation which should balance against these the circumstances of -my present existence--worn down with labors from morning to night, and -day to day; knowing them as fruitless to others as they are vexatious to -myself, committed singly in desperate and eternal contest against a host -who are systematically undermining the public liberty and prosperity, even -the rare hours of relaxation sacrificed to the society of persons in the -same intentions, of whose hatred I am conscious even in those moments of -conviviality when the heart wishes most to open itself to the effusions -of friendship and confidence, cut off from my family and friends, my -affairs abandoned to chaos and derangement, in short, giving everything -I love in exchange for everything I hate, and all this without a single -gratification in possession or prospect, in present enjoyment or future -wish. Indeed, my dear friend, duty being out of the question, inclination -cuts off all argument, and so never let there be more between you and me, -on this subject. - -I enclose you some papers which have passed on the subject of a new town. -You will see by them that the paper Coryphæus is either undaunted or -desperate. I believe that the statement enclosed has secured a decision -against his proposition. I dined yesterday in a company where Morris -and Bingham were, and happened to sit between them. In the course of -a conversation after dinner, Morris made one of his warm declarations -that after the expiration of his present senatorial term, nothing on -earth should ever engage him to serve again in any public capacity. -He did this with such solemnity as renders it impossible he should not -be in earnest. The President is not well. Little lingering fevers have -been hanging about him for a week or ten days, and affected his looks -most remarkably. He is also extremely affected by the attacks made and -kept up on him in the public papers. I think he feels those things more -than any person I ever yet met with. I am sincerely sorry to see them. -I remember an observation of yours, made when I first went to New York, -that the satellites and sycophants which surrounded him had wound up the -ceremonials of the government to a pitch of stateliness which nothing -but his personal character could have supported, and which no character -after him could ever maintain. It appears now that even his will be -insufficient to justify them in the appeal of the times to common sense -as the arbiter of everything. Naked he would have been sanctimoniously -reverenced; but enveloped in the rags of royalty, they can hardly be torn -off without laceration. It is the more unfortunate that this attack is -planted on popular ground, on the love of the people to France and its -cause, which is universal. Genet mentions freely enough in conversation -that France does not wish to involve us in the war by our guarantee. The -information from St. Domingo and Martinique is, that those two islands -are disposed and able to resist any attack which Great Britain can make -on them by land. A blockade would be dangerous, could it be maintained in -that climate for any length of time. I delivered to Genet your letter to -Roland. As the latter is out of office, he will direct it to the minister -of the Interior. I found every syllable of it strictly proper. Your -ploughs shall be duly attended to. Have you ever taken notice of Tull's -horse-houghing plough? I am persuaded that where you wish your work to -be very exact, and our great plough where a less degree will suffice, -leave us nothing to wish for from other countries as to ploughs, under -our circumstances. I have not yet received my threshing machine. I fear -the late, long, and heavy rains must have extended to us, and effected -our wheat. Adieu. Yours affectionately. - - -TO GOUVERNEUR MORRIS. - - Philadelphia, June 13, 1793. - -Dear Sir,--The insulated state in which France is placed with respect -to almost all the world, by the present war, has cut off all means of -addressing letters to you through other countries. I embrace the present -occasion by a private individual going to France directly, to mention, -that since the date of my last public letter, which was April the 24th, -and which covered the President's proclamation of April, I have received -your Nos. 17 to 24. M. de Ternant notified us of his recall on the 17th of -May, and delivered the letter of the Provisory Executive Council to that -effect. I now enclose you the President's answer to the Council, which you -will be pleased to deliver; a copy of it is also enclosed, open, for your -information. Mr. Genet delivered his credentials on the same day on which -M. de Ternant took his leave, and was received by the President. He found -himself immediately immersed in business, the consequence of this war. The -incidents to which that gives daily rise, and the questions respecting -chiefly France and England, fills the executive with business, equally -delicate, difficult and disagreeable. The course intended to be pursued -being that of a strict and impartial neutrality, decisions rendered by -the President rigorously on that principle, dissatisfy both parties, and -draw complaints from both. That you may have a proper idea of them, I -enclose you copies of several memorials and letters, which have passed -between the executive and the ministers of those two countries, which will -at the same time develop the principles of the proceedings, and enable -you to satisfy them in your communications, should it be necessary. I -enclose also the answer given to Mr. Genet, on a proposition from him -to pay up the whole of the French debt at once. While it will enable you -to explain the impracticability of the operation proposed, it may put it -in your power to judge of the answer which would be given to any future -proposition to that effect, and perhaps to prevent their being brought -forward. The bill lately passed in England, prohibiting the business of -this country with France from passing through the medium of England, is a -temporary embarrassment to our commerce, from the unhappy predicament of -its all hanging on the pivot of London. It will be happy for us, should it -be continued till our merchants may establish connections in the countries -in which our produce is consumed, and to which it should go directly. - -Our commissioners have proceeded to the treaty with the northwestern -Indians. They write, however, that the treaty will be a month later than -was expected. This delay, should it be extended, will endanger our losing -the benefit of our preparations for the campaign, and consequently bring -on a delicate question, whether these shall be relinquished for the -result of a treaty in which we never had any confidence? The Creeks have -proceeded in their depredations till they assume the appearance of formal -war. It scarcely seems possible to avoid its becoming so. They are so -strong and so far from us, as to make very serious addition to our Indian -difficulties. It is very probable that some of the circumstances arising -out of our affairs with the Indians, or with the belligerent powers of -Europe, may occasion the convocation of Congress at an earlier day than -that to which its meeting stands at present. - -I send you the forms of the passports given here. The one in three -columns is that now used; the other having been soon discontinued. It -is determined that they shall be given in our own ports only, and to -serve but for one voyage. It has also been determined, that they shall -be given to all vessels _bona fide_ owned by American citizens _wholly_, -whether built here or not. Our property, whether in the form of vessels, -cargoes, or anything else, has a right to pass the seas untouched by -any nation, by the law of nations; and no one has a right to ask where a -vessel was built, but where is she owned? To the security which the law -of nations gives to such vessels against all nations, are added particular -stipulations with three of the belligerent powers. Had it not been in our -power to enlarge our national stock of shipping suddenly in the present -exigency, a great proportion of our produce must have remained on our -hands for want of the means of transportation to market. At this time, -indeed, a great proportion is in that predicament. The most rigorous -measures will be taken to prevent any vessel, not wholly and _bona fide_ -owned by American citizens, from obtaining our passports. It is much our -interest to prevent the competition of other nations from taking from us -the benefits we have a right to expect from the neutrality of our flag; -and I think we may be very sure that few, if any, will be fraudulently -obtained within our ports. - -Though our spring has been cold and wet, yet the crops of small grain are -as promising as they have ever been seen. The Hessian fly, however, to the -north, and the weavil to the south of the Potomac, will probably abridge -the quantity. Still it seems very doubtful whether we shall not lose more -for want of the means of transportation, and I have no doubt that the -ships of Sweden and Denmark would find full employment here. - -We shall endeavor to get your newspapers under the care of Major Reid, -the bearer of this letter. - -I have the honor to be, with great respect and esteem, dear Sir, your most -obedient, and most humble servant. - - -TO MR. PINCKNEY. - - Philadelphia, June 14, 1793. - -My last letters to you have been of the 7th of May and 4th instant. Since -the last date, yours of April the 15th has come to hand. - -I enclose you several memorials and letters which have passed between -the Executive and the ministers of France and England. These will develop -to you the principles on which we are proceeding between the belligerent -powers. The decisions being founded in what is conceived to be rigorous -justice, give dissatisfaction to both parties, and produce complaints -from both. It is our duty, however, to persevere in them, and to meet -the consequences. You will observe that Mr. Hammond proposes to refer -to his court the determination of the President, that the prizes taken -by the Citoyen Genet, could not be given up. The reasons for this are -explained in the papers. Mr. Genet had stated that she was manned by -French citizens. Mr. Hammond had not stated the contrary before the -decision. Neither produced any proofs. It was therefore supposed that -she was manned, principally, with French citizens. After the decision, -Mr. Hammond denies the fact, but without producing any proof. I am really -unable to say how it was; but I believe it to be certain there were very -few Americans. He says, the issuing the commission, &c., by Mr. Genet, -within our territory, was an infringement of our sovereignty; therefore, -the proceeds of it should be given up to Great Britain. The infringement -was a matter between France and us. Had we insisted on any penalty or -forfeiture by way of satisfaction to our insulted rights, it would have -belonged to us, not to a third party. As between Great Britain and us, -considering all the circumstances explained in the papers, we deemed -we did enough to satisfy her. We are, moreover, assured, that it is the -standing usage of France, perhaps too of other nations in all wars, to -lodge blank commissions with all their foreign consuls, to be given to -every vessel of their nation, merchant or armed; without which a merchant -vessel would be punished as a pirate, were she to take the smallest -thing of the enemy that should fall in her way. Indeed, the place of the -delivery of a commission is immaterial. As it may be sent by letter to -any one, so it may be delivered by hand to him anywhere. The place of -_signature by the Sovereign_ is the material thing. Were that to be done -in any other jurisdiction than his own, it might draw the validity of -the act into question. I mention these things, because I think it would -be proper, that after considering them and such other circumstances as -appear in the papers, or may occur to yourself, you should make it the -subject of a conversation with the minister. Perhaps it may give you an -opportunity of touching on another subject. Whenever Mr. Hammond applies -to our government on any matter whatever, be it ever so new or difficult, -if he does not receive his answer in two or three days or a week, we are -goaded with new letters on the subject. Sometimes it is the sailing of -the packet, which is made the pretext for forcing us into premature and -undigested determinations. You know best how far your applications meet -such early attentions, and whether you may with propriety claim a return -of them; you can best judge, too, of the expediency of an intimation, that -where despatch is not reciprocal, it may be expedient and justifiable that -delay should be so. - -Our Commissioners have set out for the place of treaty with the North -Western Indians. They have learned on their arrival at Niagara that -the treaty will be a month later than was expected. Should further -procrastination take place, it may wear the appearance of being intended -to make us lose the present campaign, for which all our preparations are -made. We have had little expectations of any favorable result from the -treaty; and whether for such a prospect we should give up a campaign, -will be a disagreeable question. The Creeks have proceeded in their -depredations and murder till they assume the appearance of unequivocal -war. It scarcely seems possible to avoid its becoming so. It is very -possible that our affairs with the Indians or with the belligerent powers -of Europe, may occasion the convocation of Congress at an earlier day than -that to which its meeting stands at present. - -Though our spring has been cold and wet, yet the crops of small grain -are as promising as could be desired. They will suffer, however, by the -Hessian fly to the north and the weavil to the south of the Patowmac. - -My letter of the 4th instant was written to go by the Packet, but hearing -before its departure that Major Jackson was to go in a few days by a -private vessel, it was committed to him, as is also the present letter. - -I have the honor to be, with great and sincere esteem, dear Sir, your most -obedient, and most humble servant. - - -TO M. GENET. - - Philadelphia, June 17, 1793. - -Sir,--I have received and laid before the President your letter of the -14th instant, stating that certain judiciary officers of the United -States, contrary to the laws of nations, and the treaties subsisting -between France and the United States, had arrested certain vessels and -cargoes taken by a French armed vessel and brought into this port, and -desiring that the authority of the President might be interposed to -restore the prizes with the damages for their detention. - -By the laws of this country every individual claiming a right to any -article of property, may demand process from a court of justice, and -decision on the validity of his claim. This is understood to be the case, -which is the subject of your letter. Individuals claiming a right to the -prizes, have attached them by process from the Court of Admiralty, which -that Court was not free to deny, because justice is to be denied to no -man. If, at the hearing of the cause, it shall be found that it is not -cognizable before that Court, you may so far rely on its learning and -integrity as to be assured it will so pronounce itself. In like manner, -if having jurisdiction of the causes, it shall find the rights of the -claimants to be null, be assured it will pronounce that nullity, and in -either case the property will be restored, but whether with damages or -not, the Court alone is to decide. It happens in this particular case that -the rule of decision will be not the municipal laws of the United States -but the law of nations, and the law maritime, as admitted and practised -in all civilized countries, that the same sentence will be pronounced -here, that would be pronounced in the Republic of France, or in any other -country of Europe; and that if it should be unfavorable to the captors, -it will be for reasons understood and acknowledged in your own country, -and for the justice of which we might safely appeal to the jurists of your -own country. I will add, that if the seizure should be found contrary to -the treaties subsisting between France and the United States, the judges -will consider these treaties as constituting a conventional law for the -two nations, controlling all other laws, and will decree accordingly. The -functions of the Executive are not competent to the decision of questions -of property between individuals. These are ascribed to the judiciary -alone, and when either persons or property are taken into their custody, -there is no power in this country that can take them out. You will, -therefore, be sensible, Sir, that though the President is not the organ -for doing what is just in the present case, it will be effectually done -by those to whom the Constitution has ascribed the duty, and be assured -that the interests, the rights and the dignity of the French nation will -receive within the bosom of the United States all the support which a -friendly nation could desire, and a natural one yield. - -I have the honor to be, with sentiments of great respect and esteem, Sir, -your most obedient, and most humble servant. - - -TO MR. GENET. - - Philadelphia, June 17, 1793. - -Sir,--I shall now have the honor of answering your letter of the 1st -instant, and so much of that of the 14th (both of which have been laid -before the President) as relates to a vessel armed in the port of New York -and about to depart from thence, but stopped by order of the Government. -And here I beg leave to premise, that the case supposed in your letter, -of a vessel arming for her own defence, and to repel unjust aggressions, -is not that in question, nor that on which I mean to answer, because not -having yet happened, as far as is known to the Government, I have no -instructions on the subject. The case in question is that of a vessel -armed, equipped, and manned in a port of the United States, for the -purpose of committing hostilities on nations at peace with the United -States. - -As soon as it was perceived that such enterprises would be attempted, -orders to prevent them were despatched to all the States and ports of -the Union. In consequence of these, the Governor of New York, receiving -information that a sloop heretofore called the Polly, now the Republican, -was fitting out, arming, and manning in the port of New York, for the -express and sole purpose of cruising against certain nations with whom -we are at peace, that she had taken her guns and ammunition aboard, and -was on the point of departure, seized the vessel. That the Governor was -not mistaken in the previous indications of her object, appears by the -subsequent avowal of the citizen Hauterieve, consul of France at that -port, who, in a letter to the Governor, reclaims her as "Un vaisseau -armé en guerre, et pret à mettre à la voile;" and describes her object -in these expressions: "Cet usage etrange de la force publique contre les -citoyens d'une nation amie qui se reunissent ici _pour aller defendre -leur freres_," &c.; and again: "Je requiers, monsieur, l'autorité dont -vous etes revetu, pour faire rendre à des Francois, à des alliés, &c., -la liberté _de voler au secours de leur patrie_." This transaction being -reported to the President, orders were immediately sent to deliver over -the vessel, and the persons concerned in the enterprise, to the tribunals -of the country, that if the act was of those forbidden by the law, it -might be punished; if it was not forbidden, it might be so declared, and -all persons apprized of what they might or might not do. - -This, we have reason to believe, is the true state of the case, and -it is a repetition of that which was the subject of my letter of the -5th instant, which animadverted, not merely on the single fact of the -granting commissions of war by one nation within the territory of another, -but on the aggregate of the facts; for it states the opinion of the -President to be, "that the arming and equipping vessels in the ports of -the United States, to cruise against nations with whom we are at peace, -was incompatible with the sovereignty of the United States; that it -made them instrumental to the annoyance of those nations, and thereby -tended to commit their peace." And this opinion is still conceived to -be not contrary to the principles of natural law, the usage of nations, -the engagements which unite the two people, nor the proclamation of the -President, as you seem to think. - -Surely, not a syllable can be found in the last-mentioned instrument, -permitting the preparation of hostilities in the ports of the United -States. Its object was to enjoin on our citizens "a friendly conduct -towards all the belligerent powers;" but a preparation of hostilities is -the reverse of this. - -None of the engagements in our treaties stipulate this permission. The -XVIIth article of that of commerce, permits the armed vessels of either -party to enter the ports of the other, and to depart with their prizes -freely; but the entry of an armed vessel into a port, is one act; the -equipping a vessel in that port, arming her, and manning her, is a -different one, and not engaged by any article of the treaty. - -You think, Sir, that this opinion is also contrary to the law of nature -and usage of nations. We are of opinion it is dictated by that law and -usage; and this had been very maturely inquired into before it was adopted -as a principle of conduct. But we will not assume the exclusive right -of saying what that law and usage is. Let us appeal to enlightened and -disinterested judges. None is more so than Vattel. He says, L. 3. 8. -104. "Tant qu'un peuple neutre veut jouir surement de cet état, il doit -montrer en toutes choses une exacte impartialité entre ceux qui se font la -guerre. Car s'il favorise l'un au préjudice de l'autre, il ne pourra pas -se plaindre, quand celui ci le traitera comme adhérent et associé de son -ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne -veut être la dupe. Voyons donc en quoi consiste cette impartialité qu'un -peuple neutre doit garder. - -"Elle se rapporte uniquement à la guerre, et comprend deux choses 1. Ne -point donner de secours quand on n'y est pas obligé; ne fournir librement -ne troupes, ni armes, ni munitions, ni rien de ce qui sert directement -à la guerre. Je dis _ne point donner de secours_, et non pas _en donner -egalement_; car il seroit absurde qu'un etat secourut en même tems deux -ennemis. Et puis il seroit impossible de le faire avec egalité; les -mêmes choses, le même nombre de troupes, la même quantitié d'armes, de -munitions, &c., fournies en des circonstances differentes, ne forment plus -des secours equivalents," &c. If the neutral power may not, consistent -with its neutrality, furnish men to either party, for their aid in war, -as little can either enrol them in the neutral territory by the law of -nations. Wolf, S. 1174, says, "Puisque le droit de lever des soldats est -un droit de majesté, qui ne peut être violé par une nation etrangere, il -n'est pas permis de lever des soldats sur le territorie d'autrui, sans -le consentement du mâitre du territorie." And Vattel, before cited, L. -3. 8. 15. "Le droit de lever des soldats appartenant uniquement à la -nation, on au souverain, personne ne peut en envoler en pays etranger -sans la permission du souveraine: Ceux qui entre prennant d'engager des -soldats en pays etranger sans la permission du souverain, et en general -quiquonque debauche les sujets d'autrui, viole un des droits les plus -sacrés du prince et de la nation. C'est le crime qu'on appelle _plagiat_, -ou vol d'homme. Il n'est aucun etat police qui ne le punisse très -sévérement," &c. For I choose to refer you to the passage, rather than -follow it through all its developments. The testimony of these, and other -writers, on the law and usage of nations, with your own just reflections -on them, will satisfy you that the United States, in prohibiting all -the belligerent powers from equipping, arming, and manning vessels of -war in their ports, have exercised a right and a duty, with justice and -with great moderation. By our treaties with several of the belligerent -powers, which are a part of the laws of our land, we have established a -state of peace with them. But, without appealing to treaties, we are at -peace with them all by the law of nature. For by nature's law, man is at -peace with man till some aggression is committed, which, by the same law, -authorizes one to destroy another as his enemy. For our citizens, then, -to commit murders and depredations on the members of nations at peace -with us, or combine to do it, appeared to the Executive, and to those -with whom they consulted, as much against the laws of the land, as to -murder or rob, or combine to murder or rob its own citizens; and as much -to require punishment, if done within their limits, where they have a -territorial jurisdiction, or on the high seas, where they have a personal -jurisdiction, that is to say, one which reaches their own citizens only, -this being an appropriate part of each nation on an element where all have -a common jurisdiction. So say our laws, as we understand them ourselves. -To them the appeal is made; and whether we have construed them well or -ill, the constitutional judges will decide. Till that decision shall be -obtained, the government of the United States must pursue what they think -right with firmness, as is their duty. On the first attempt that was made, -the President was desirous of involving in the censures of the law as few -as might be. Such of the individuals only, therefore, as were citizens -of the United States, were singled out for prosecution. But this second -attempt being after full knowledge of what had been done on the first, -and indicating a disposition to go on in opposition to the laws, they -are to take their course against all persons concerned, whether citizens -or aliens; the latter, while within our jurisdiction and enjoying the -protection of the laws, being bound to obedience to them, and to avoid -disturbances of our peace within, or acts which would commit it without, -equally as citizens are. I have the honor to be, with sentiments of great -respect and esteem, Sir, your most obedient, and most humble servant. - - -TO MR. HAMMOND. - - Philadelphia, June 19, 1793. - -Sir,--I had the honor to address you a letter on the 29th of May was -twelvemonth, on the articles still unexecuted of the treaty of peace -between the two nations. The subject was extensive and important, and -therefore rendered a certain degree of delay in the reply to be expected. -But it has now become such as naturally to generate disquietude. The -interest we have in the western posts, the blood and treasure which their -detention costs us daily, cannot but produce a corresponding anxiety on -our part. Permit me, therefore, to ask when I may expect the honor of a -reply to my letter, and to assure you of the sentiments of respect with -which I have the honor to be, Sir, your most obedient, and most humble -servant. - - -TO J. MADISON. - - June 23, 1793. - -Dear Sir,--My last was of the 17th, if I may reckon a single line -anything. Yours of the 13th came to hand yesterday. The proclamation -as first proposed was to have been a declaration of neutrality. It -was opposed on these grounds: 1. That a declaration of neutrality was -a declaration there should be no war, to which the Executive was not -competent. 2. That it would be better to hold back the declaration of -neutrality, as a thing worth something to the powers at war, that they -would bid for it, and we might reasonably ask a price, the _broadest -privileges_ of neutral nations. The first objection was so far respected -as to avoid inserting the term _neutrality_, and the drawing the -instrument was left to E. R. That there should be a proclamation was -passed unanimously with the approbation or the acquiescence of all -parties. Indeed, it was not expedient to oppose it altogether, lest it -should prejudice what was the next question, the boldest and greatest -that ever was hazarded, and which would have called for extremities had it -prevailed. Spain is unquestionably picking a quarrel with us. A series of -letters from her commissioners here prove it. We are sending a courier to -Madrid. The inevitableness of war with the Creeks, and the probability, -I might say the certainty of it with Spain, (for there is not one of us -who doubts it,) will certainly occasion your convocation, at what time I -cannot exactly say, but you should be prepared for this important change -in the state of things. The President has got pretty well again; he -sets off this day to Mount Vernon, and will be absent a fortnight. The -death of his manager, hourly expected, of a consumption is the call; he -will consequently be absent on the 4th of July. He travels in a phaeton -and pair. Doctor Logan sends you the enclosed pamphlet. Adieu. Yours -affectionately. - - - - -INDEX TO VOL. III. - - - Adams, John--His alienation from Mr. Jefferson, 257. - His anonymous contributions to newspapers, 267. - Letter from Jefferson explaining the difference between them, 270. - Friendly relations with Jefferson restored, 292. - - Algiers--War with our best policy, 164. (See Barbary States). - Provision for our prisoners, 269, 436, 533. - - America--Origin of the aborigines of, 109. - - Apportionment--Bill apportioning representation, 348. - - Aubaine, Droit d'--Law of in France in relation to our citizens, 189. - Its abolition in France, 259. - - - Baily, M.--Made mayor of Paris, 78. - - Bank of United States--Shares taken immediately, 268. - - Bankrupt Bill--495. - - Barclay, Thomas--His second mission to Morocco, 261. - - Barbary States--Barclay's mission to, 261. - Letter to Emperor of Morocco, 264. - Provision for Algerine prisoners, 209, 436, 533. - - Billon--Report of National Assembly of France on, 207. - - Bill of Rights--Constitution should be so amended as to insert one, - 3, 13. - Arguments for and against Bill of Rights, 4, 13, 201. - Amendments proposed by Jefferson, 100, 101. - - Boundary--Difficulties on our Eastern Boundary, 230. - - - Canals--The Potomac and Ohio Canal, 29. - The Big Beaver and Cayahoga Canal, 30. - - Capitol--Plans for Capitol at Washington, 507, 508. - Dr. Thornton's plan approved, 508. - - Carolina, North--(See lands public). - - Census--Of United States, 205. - - Chargé des Affaires--Proper form for their credentials, 142. - - Charters--Whether Legislature can revoke them, 103, 108. - - Cherokees--Their rights under treaty of Hopewell, 192. - - Clark, Gen.--His character and talents, 217. - - Commerce--Our commercial relations with England and France, 99, 100, 320. - Whether, in our commercial regulations, we should discriminate in - favor of France, 99, 100. - Our commerce with French West Indies, 113, 114, 191, 319. - Statement of our commerce with England and France, 315, 316, 317, 318. - Our commercial relations with France, 509, 516. - Our commercial relations with the Netherlands, 510. - Our commercial relations with Great Britain, 511, 514. - Our commercial relations with Spain, 512. - Our commercial relations with Portugal, 533. - Foreign built vessels, purchased by our citizens, stand on the - same footing as to neutral rights with home-built vessels, 550. - - Coinage--Employment of Mr. Drost at the mint, 139, 140, 446. - Relative to copper coinage, 279. - Hamilton's report on the mint, 330. (See Mint.) - - Confiscation--Relative to confiscation of refugees' property at - breaking out of Revolutionary war, 372, 377, 378, 380, 381, - 382, 383, 384. - Question of restitution after the war, 372, 385, 386. - Restitution recommended by Congress, 376. - Confiscation of debts due here to the English, 387. - Debts not confiscated during war survive it, 406, 407. - But if confiscated, the debtor released, 407, 408. - - Congress--Current business before, 208. - Corrupting influences brought to bear on, 360, 361, 362. - - Constitutions--No such thing as a perpetual Constitution, 106, 108. - - Constitution, Federal--Mr. Jefferson's opinion of, 12. - Its adoption, 13. - Its unpopularity in New York and Virginia, 24. - The elections under, 24. - Organization of Government under, 88. - Amendments to, 89. - Vote of States on, 207. - General acquiescence in, 132. - The successful operation of new government, 199, 200. - - Consuls--_Native_ consuls always preferred, where they can be had, - 155, 195. - Consular fees, 160. - Consular authentication of instruments, 160. - J. Johnson sent consul to London, 176. - Instructions to consuls, 187. - How far exempt from duties, taxes, &c., 193. - The footing on which law of nations places consuls, 295. - Circular to consuls, 429. - What security required of them, 429. - Our right to send Consuls to French colonies, 252. - Consular arrangements with Prussia, 457. - - Currency--Great scarcity of metals after Revolution, 398. (See coinage). - - - Deane, Silas--His wretched condition, 101. - - Debt.--Imprisonment for, wrong, 396, 397. - - Debts, British--Remedy to recover suspended, 387, 391, 392, 393, - 394, 395. - Justification of the suspension, 395. - Obstacles in way of recovery of in the States, 407, 408, 409, - 410, 411, 412, 413, 414. - No interest on allowed during war, 415, 416, 417, 418, 419, 420. - Justification thereof, 416, 417, 418. - - Debt, Foreign--Distinction between foreign and domestic debt, 156. - Payment of foreign debt pressed, 33. - Arrangement to pay officers, 37. - Amount due, 91, 92. - Mode of paying debt to France, 546, 575. - - Debt, Public--The funding of, 152, 153, 165, 169. - Funded debt above par, 283. - Debt to France will not be paid in depreciated assignats, 294. - Condition of public debt, 361. - - Debts, State--The question of their assumption by general government, - 145, 148, 159, 166, 169, 185. - Arguments for and against assumption, 166. - Opposition to in Virginia and North Carolina, 198. - - Democracy--The participation of the people in government, 81. - - Distillation--Of pure from salt water, 228. - - Dumas, M.--Statement of his case and claim, 331. - - - Education--The schools of Europe, 313. - - England--Bad health of the King of, 6, 7, 25, 34, 49, 87. - Bad feeling in, towards U. States, 32. - Our diplomatic relations with, 182, 203. - Political relations with, 182. - Infractions by United States of her treaty with, 183. - Admission of our wheat by, 249. - Negotiations with, through Hammond, 365, 439. - Review of matters in controversy with, 365, 423, 424, 425, 426, 427. - Her seizure of our slaves at end of war, 387, 391. - Refuses to withdraw troops from our posts, 388. - On whom the blame of not executing the treaty should fall, 400. - - Europe--Political condition of, 5, 9, 25, 34, 49, 154, 163. - War between Russia and Turkey, 56. - War between Russia and Sweden, 92. - War between England & France, 537. - Relations between Spain and England, 537. - - Excise--Distinction between excise and import, 17. - - - Federalists--The views and aims of the party, 450, 503. - Strength of the party, 503. - The condition of, 548. - - Fisheries--Report on whale and cod fisheries, 185, 214. - - Fly, Hessian--An account of, 32, 38. - - France--Election to States General, 8. - Question whether States should vote by persons or orders, 8, 11, - 23, 27, 34, 36, 40, 41, 43. - Concessions by the King, 11, 78. - Riots, 22, 26. - Opening of States General, 22, 26, 43. - Condition of finances, 26. - Large numbers of inferior Clergy returned to Assembly, 27. - State of parties in National Assembly, 27, 34, 35. - Majority of Clergy unite with Tiers Etat, 40, 41, 43, 44. - Proposition to distribute bread among poor, 48. - Tiers Etat declare themselves National Assembly, 50, 53, 57. - Character of Tiers Etat, 58. - Character of the Noblesse, 58. - Clergy go over to Tiers Etat, 58. - A Royal session proclaimed, 60. - Duke of Orleans joins Tiers Etat, 62. - Proceedings of Court party, 60, 61. - Disaffection of soldiery, 64. - King urges Nobles and Clergy to go over to Tiers Etat, 64, 65, 83. - Supplies of provisions from U. S., 65, 67, 68, 69, 73. - Constitutional reforms by National Assembly, 69, 70, 71, 75, 94, - 97, 115. - Scarcity of provisions in Paris, 73, 86, 94, 111, 117. - Military intervention by the Government, 74, 75. - Fall of Neckar and appointment of new minister, 85. - Character of new ministry, 75. - Insurrections, 76, 77, 78, 79, 84. - Bastile taken and destroyed, 77, 79, 84. - Fall of court ministry and recall of Neckar, 78, 79, 84. - Noblesse begin to emigrate, 79, 84, 87. - Massacres begin, 84, 85, 87. - The Constitutional reforms contemplated by liberal party, 89, 94, 97. - Internal condition of, 93, 94. - Financial embarrassments of France, 97, 115, 121. - Friendly disposition of National Assembly towards U. S., 99. - Division of parties in National Assembly, 116. - Danger of civil war, 117. - The King's flight from Paris, 284, 285, 293. - Plan of a French colony in America, 179. - How far our people exempt from Droit d'Aubaine in France, 189. - Commercial relations of, with U. S., 225, 274, 275, 356, 448. - Duty on our oil, 250. - Duty on our tobacco, 250, 274, 288, 289. - War between France and Spain, 357. - Payment of our debt, 252, 546. - Suspended by French revolution, 476. - Declaration of war by, against Hungary and Bohemia, 458. - Our shipments to Marseilles, 486. - Revolutionary government of France recognized by U. S., 489, 500, 522. - Military successes of France, 494, 495, 549, 570. - Effects of in United States, 502. - Mr. Jefferson's views of Jacobins, 501. - Reply to notification of establishment of French Republic, 518. - Plan of Allies to exclude neutral commerce with, 519. - Execution of King, 520. - Progress of the war, 549, 570. - Dumourier's desertion, 570. - - Franklin, Benjamin--His declining health, 134. - His death, 139. - His philosophical attainments, 212. - His popularity in France, 213. - National Assembly of France expresses grief at his death, 218. - - Freneau, Philip--Appointed clerk in State Department, 215. - Circumstances under which he was appointed, 464. - - Fugitives--Surrender of depends on convention, 299. - Convention proposed by France, 299. - Difficulties in arranging a convention with Spain, 346. - Project of convention with Spanish provinces, 350. - General views on conventions for delivery of fugitives, 352. - Forcible seizure in Florida by Americans of slaves escaped there, 454. - - - Generations--Whether one generation can bind another, 103. - - Genet, M.--His arrival in U. States as minister of France, 563. - - Government--The best treatises on, 145. - The establishment of seat of, 145, 146, 148, 152, 160. - Removal of, to Philadelphia for ten years, and established - permanently at Georgetown afterwards, 162, 163, 169. - - - Hamilton, A.--His split with Jefferson, 460, 470. - His report on manufactures, 461. - His strong English bias, 548. - His political system, 548. - - Hammond, Mr.--His negotiation with Jefferson, 365. - - Hazzard, Mr.--His collection of State papers, 20. - - Henry, Patrick--His views in respect to amendments to Virginia - constitution, 469. - - Hessian Fly--An account of, 32, 38. - - Humphreys, Col. David--Sent on special mission to Europe, 180. - Appointed resident minister to Portugal, 215. - Sent on special mission to Algiers, 529. - - - Import--Distinction between import and excise, 17. - - Impressment--Of American sailors by England, 204, 206. - Case of Hugh Purdie, 204. - Provision for impressed seamen, 335. - Jefferson's views on impressment, 448. - Negotiations in relation to, 525. - - Indians--Treaty with Creek Indians concluded, 184. - What right States have over Indians within their limits, 142, 281. - Their progress in civilization, 217. - Expedition against, fails, 117. - Our policy towards, 246, 247. - Hostility of the six nations, 248. - Intrigues of the English with, 248. - Disclaimed by their government, 331. - Scott's expedition against, 273, 279. - What right a State has over Indian territory within its limits, - 192, 281. - Gen. Wilkinson's expedition against, 306. - Our intervention with, in favor of Spain, 358. - Intrigues of Spanish agents among, 455, 459, 474, 479, 480, 566. - Our conduct towards Creek Indians, 478, 479, 480. - Spain incites Indians to hostility against us, 478, 479, 480. - Our relations with the Indians, 478, 479, 480, 487, 581, 584. - Spanish officers furnish them with arms, &c., 566. - - Indies, West--View of U. S. in regard to French West Indies, 275. - Commerce with, 275, 276. - Insurrection of negroes in St. Domingo, 303, 306, 320, 450. - Relief furnished by U. States, 492. - - Insurrection--Of negroes in St. Domingo, 303, 306, 320, 450. - - - Jefferson, Thomas--Made Doctor of Laws by Harvard University, 14. - Asks leave of absence from France, 31, 102, 121. - Draws Constitutional charter to be signed by King of France, 45, - 46, 47. - Declines any office in U. States, 102. - Declines Secretaryship of State, 124. - Accepts the same, 126. - Reason for this change, 131. - The appointment of his Assistant, 127. - Arrives in New York to enter on duties of his office, 128, 129. - Elected member of American Academy of Arts and Sciences, 130. - Letters of farewell to Parisian friends, 133, 134, 135, 136. - His observations on the weather, 144. - His illness, 155. - Depredations on his property during the war, 197. - His visit to eastern States, 265. - His purpose to retire from the Cabinet, 467, 490, 521, 577. - Delay therein, and reasons for it, 506, 531. - Letter to Gen. Washington, urging him to serve a second term, 360. - His negotiations with Mr. Hammond, 439. - His conversations with Hammond, 365, 439. - His controversy with Hamilton, 460. - Statement of, to Washington, 460. - Summary of his views on Constitution, 463. - Hamilton's attacks upon him, 460, 470. - Collection of his letters, 520. - Refuses to embark in any enterprise to improve his fortune while - in public office, 527. - - Jones, Paul--Difficulties with Russian officers, 301. - Sent Commissioner to Algiers, 431. - His instructions, 431. - His death, 528. - - Juries--Remarks on, by Jefferson, 81. - - Jurisdiction--One Sovereign not amenable to jurisdiction of another, 277. - - - Kaims, Lord--Jefferson's opinion of, 452. - - - La Fayette, Marquis de--Jefferson advises him to join Tiers Etat, 20. - Embarrassment of his position, 32. - Made commander in chief of National Guards, 84. - Efforts to secure his release from imprisonment, 524. - - Lands, Public--What included in cession of North Carolina, 229. - - Laws--Collection of laws of different States, 184. - No such thing as a perpetual law, 106, 108. - - Law of Nations--One Sovereign not amenable to jurisdiction of - another, 277. - Enemy's property in our territory may be seized at beginning - of the war, 369. - Debts also may be confiscated, 387. - Right of one party where other violates a treaty, 391. - Before a foreigner can apply to executive for relief, he must - exhaust his remedies in the courts, 538, 540, 541, 585. - We acknowledge always the government de facto, 489, 500, 522. - - Literature--Literary news of Europe, 14. - - Loans--Negotiation of Holland loan, 247. - Destination of Holland loan, 536. - - Louis XVI.--His execution, 520. - - Luzerne, Marquis de--Letter of regret to, on termination of his - mission to U. S., 140, 141. - Gold medal for, 170. - - - Measure--Standard of, 157, 161. - The Standard adopted by National Assembly of France, 276. (See - weights and measures.) - - Mesmerism--Jefferson considers Mesmer a maniac, 212. - - Ministers, Foreign--Medals presented to on leaving, 142. - Breach of privilege, 453. - - Mint--Arrangements for its establishment, 139, 140, 446, 509, 542. - An assayer for, 542. - Hamilton's report on, 330. (See coinage.) - - Mississippi River--Question of the right of navigation with Spain, 172. - Necessity of some port on its banks, 173, 178, 228. - Negotiations in relation to, 178, 227, 233, 234, 328, 340, 341, - 342, 344. - - Morocco--Death of Emperor of, 357. (See Barbary States.) - - Morris, Gouverneur--Appointed minister to France, 325. - His instructions, 325, 329, 448. - His salary, 325. - Opposition to his appointment, 329. - - Morris, R.--His purchases of lands in Massachusetts, 231. - - Moustier, Ct. de--Letter of respect to, on terminating his mission - to United States, 216. - - - Neckar, M.--His character, 52, 53. - His popularity in France, 61, 62. - His dismissal from office, 75. - His recall, 78, 79. - - Neutrality--Principles of, pursued by our government, 559, 561, - 571, 573, 574, 582. - Our efforts to preserve neutrality, 533, 535, 542, 551, 557, - 564, 569, 574, 580, 583. - Proclamation of, 543, 544. - Circumstances attending it, 591. - Invasions of our neutrality by France, 547, 558, 560, 571, - 583. - Existing treaties with France, &c., and duties under, 651. - Hamilton's interference with this question, 552, 556. - It is a question belonging to State and not Treasury department, - 556. - Government does not prohibit exportation of arms, ammunition, &c., - but leaves them to be confiscated, if seized, 558, 560. - Punishment of our citizens for invasions of, 559, 574. - The equipment and arming of vessels in our waters, violation of - our neutrality, 559, 561, 571, 573, 586, 587, 588, 589. - Right of France and Holland under pre-existing treaties, to arm - and equip vessels in our ports, 564. - Circumstances under which French vessels were armed and equipped - in our ports, 573. - Difficulties with French and English ministers, 585, 586. - - - Office--Rotation in, 18. - - Olive--Introduction of, culture in South Carolina, 475. - - Orleans, Duke of--Goes over to the Tiers Etat, 62. - His character, 95. - His faction, 118. - - - Pagan, Thomas--Memorial in his case, 308. - Answer thereto, 335. - Merits of his case, 538. - - Paine, Thomas--Extract of letter from, 32. - Sensation produced by his pamphlet "The Rights of Man," 267, 279. - - Passports--For sea vessels and mode of distributing them, 555. - To whom and on what conditions granted, 581. - - Pinckney, Thomas--Appointed minister to England, 298, 321. - His letters of credence, 441. - Instructions to, 442. - - Portugal--Establishment of mission to, 174, 175. - Health of Queen of, 359. - Her successor, 359. - Commercial relations with, 488. - - Post-Office--Plan to increase speed of posts, 344. - - President, The--Question of his re-eligibility, 13. - - Prisoners--Redemption of Algerine prisoners, 112, 531. (See Barbary - States.) - - Privateering--Proposition to abandon it in time of war, 477. - - Proclamation--Against whiskey riots in Pennsylvania, 471. - - - Randolph, Edward--His vacillation in Cabinet, 569. - - Republicans--Their ascendency in country, 491, 493. - - Rhode Island--Accedes to the Union, 146. - - Rice--The rice trade of France, 110. - - - Science--Scientific news of Europe, 15, 16. - - Sea Letters--On what terms granted, and to whom, 130. - - Secretaries--Proposed to give them seats on floor of Congress, 491. - - Short, Wm.--Appointed resident minister at Hague, 322. - His salary and outfit, 322. - Joined in mission to Spain to negotiate for navigation of the - Mississippi river, 328. - - Slavery--Slaves escaping to Florida restored to masters, 195, 219. - Difficulties in connection with fugitive slaves, 454. - Efforts to elevate negro race, 291. - Our slaves carried off by English at end of war, 387. - - Spain--Presentation of case of Don Blas to court of, 138. - Independence of her colonies, 534. - Invasions by, of jurisdiction of United States, 222. - - States General--(See France). - - State, Department of--Statement of accounts of, 482, 483, 484. - - St. Domingo--Sends deputies to States General of France, 52. - They are received, 64. - Insurrection of the negroes, 303, 306, 320, 450. (See West Indies.) - - Stocks, Public--Depreciation in their value, 343, 430. - - Sugar--The manufacture of from maple, 158. - - - Ternant, M.--His alienation from Jefferson and affiliation with - Hamilton, 549. - - Treaties--Paramount to State laws, 402, 403, 404, 405, 406. - - - United States--Supply of corn from, for France, 66, 67, 68, 119, 122. - Credit of, in Holland, 114. - Division of parties in, 209, 363, 494, 495, 557. - Invasion of our jurisdiction by Spain, 222. - Prosperity of, 260. - Gambling, stock-jobbing and speculating mania abroad in, 285. - Condition of political parties, 361. - The federalists, their views, strength, and conduct, 450, 503, 548. - - - Virginia--Whether her first constitution was repealable by an - ordinary legislature, 202. - Destruction of her records in 1781, 258. - Jefferson's views of a new Constitution for, 314. - - - War--What amounts to levying war, 256. - - Washington, George--Elected first President, 21. - Letter to, from Jefferson on the occasion, 30. - His health, 132, 166, 579. - His pure Republicanism, 224. - His visit to southern States, 245. - Equestrian statue of, proposed, 347. - Letter from Jefferson, urging him to serve a second term, 360. - Reasons urged in favor of it, 360, 361, 362, 364. - Dissensions in his Cabinet, 460. - His proclamation against Pennsylvania riots, 471. - Attacks upon him in newspapers, 579. - - Washington City--Survey and map of, 221. - Laying off the city, 236, 297, 301, 336. - Reservation of public grounds, 238. - Proposition to build a whole street, 300. - Sale of lots, 301. - Plan for Capitol and President's house, 337, 507. - Dr. Thornton's model of Capitol approved, 508. - - Waste--The law of, 452. - - Weights and Measures--A standard of, 149, 150, 157, 161, 171, 496. - - West Indies--(See Indies, West). - - Whale Fishery--Of England, 112. - - Wine--Mazzeis, experiment at making it in Virginia, 251, 284. - - - - - - - -End of the Project Gutenberg EBook of The Writings of Thomas Jefferson, -Volume III (of 9), by Thomas Jefferson - -*** END OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF THOMAS JEFFERSON *** - -***** This file should be named 52878-0.txt or 52878-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/2/8/7/52878/ - -Produced by David Edwards, Melissa McDaniel and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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