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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 — TO HIS EXCELLENCY GOVERNOR HANCOCK. — TO M. DE PINTO. — TO MR. PHILIP FRENEAU. — TO THE COUNT DE MOUSTIER. — TO MR. INNES. — TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE. — TO GOVERNOR QUESADA. — TO THE SECRETARY OF THE TREASURY. — TO MAJOR L'ENFANT. — TO WILLIAM CARMICHAEL. — TO WILLIAM SHORT. — TO COLONEL INNES. — TO WILLIAM SHORT. — TO WILLIAM SHORT. — TO DR. WISTAR. — TO HIS EXCELLENCY GOVERNOR MARTIN. — TO THE PRESIDENT OF THE UNITED STATES. — TO MR. LEWIS. — TO THE PRESIDENT OF THE UNITED STATES. — TO MAJOR L'ENFANT. — TO THE PRESIDENT OF THE UNITED STATES. — TO WILLIAM CARMICHAEL. — TO C. CARROLL OF CARROLLTON. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE PRESIDENT OF THE UNITED STATES. — TO WILLIAM SHORT. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE HONORABLE JEREMIAH WADSWORTH. — TO MR. DUMAS. — THOMAS BARCLAY. — TO ——. [4]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 5d.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 — TO COLONEL MONROE. — TO COLONEL HUMPHREYS. — TO JOHN ADAMS. — TO GOUVERNEUR MORRIS. — TO WILLIAM SHORT.
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.
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.
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.
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.
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 — TO MR. PAINE. — TO THE PRESIDENT. — TO GENERAL KNOX. — TO COLONEL HARVIE. — TO MR. CARMICHAEL. — TO SIR JOHN SINCLAIR. — TO E. RUTLEDGE, ESQ. — TO MESSRS. JOHNSON, STUART, AND CARROL. — TO WILLIAM SHORT. — TO M. LA MOTTE. — TO GOUVERNEUR MORRIS. — TO BENJ. BANNEKER. — TO JOHN ADAMS. — TO ADMIRAL PAUL JONES. — TO MONSIEUR DE TERNANT, Minister Plenipotentiary of France . — TO T. NEWTON. — TO MR. HAMMOND. — TO J. MADISON. — TO THE PRESIDENT. — TO MAJOR THOMAS PINCKNEY. — TO THE PRESIDENT. — TO MESSRS. JOHNSON, STEWART AND CARROL. — TO MR. ELLICOTT. — TO WILLIAM SHORT. — TO MR. HUMPHREYS. — TO DANIEL SMITH, ESQ. — TO THE ATTORNEY GENERAL. — TO MR. MCALISTER. — TO MR. STUART. — TO THE PRESIDENT. — TO THE PRESIDENT. — TO MR. SHORT. — TO THOMAS PINCKNEY. — TO WILLIAM SHORT. — TO GOUVERNEUR MORRIS. — TO MONSIEUR DE MONTMORIN. — TO DON JOSEPH JAUDENES, AND DON JOSEPH VIAR. — TO MR. SHORT. — TO COLONEL HAMILTON. — TO MR. HAMMOND. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE PRESIDENT OF THE UNITED STATES. — TO MR. HAMMOND. — TO MESSRS. JOHNSON, CARROL, AND STEWART. — TO GOUVERNEUR MORRIS. — TO MESSRS. CARMICHAEL AND SHORT. — TO WILLIAM SHORT, ESQ. — TO MR. SHORT. — TO MESSRS. DE VIAR AND DE JAUDENES. — TO COLONEL PICKERING. — TO MR. HAMMOND. — TO GOVERNOR PINCKNEY. — TO THE COMMISSIONERS OF WASHINGTON. — TO COLONEL N. LEWIS. — TO THE PRESIDENT. — TO MESSRS. CARMICHAEL AND SHORT. — TO GOUVERNEUR MORRIS. — TO THE PRESIDENT OF THE UNITED STATES. — TO MESSRS. DE VIAR AND DE JAUDENES. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE PRESIDENT OF THE UNITED STATES. — MR. JEFFERSON, SECRETARY OF STATE OF THE UNITED STATES, TO MR. HAMMOND.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 flour, &c. |
(a)
Free
|
Prohibited till it is 6s. 4d. the bushel. |
| Rice. |
(a)
Free |
7s. 4d. sterling the kental. |
| Salted fish. |
(b)
8 livres the kental. |
Prohibited. |
| Salted beef. |
(c)
5 livres the kental. |
Prohibited. |
| Salted pork. |
(d)
5 livres the kental in some ports.
Prohibited in others. |
44s. 9d. the kental. |
| Furs. |
(a)
Free. |
15 to 20 per cent. |
| Indigo. |
(c)
5 livres the kental. |
Free. |
| Whale oil. |
(a)
7 livres and 10 sous the barrel of 520 lbs. |
£18 3s. the ton. |
| Tar, pitch, turpentine. |
(a)
2½ per cent.
5 sous the kental, by new tariff. |
11d. 11s. 2s. 3d. B. |
| Ships. |
(a)
Free for naturalization. |
Prohibited naturalization. |
(b)
Port charges. |
|
cents. |
average. |
| Bordeaux, |
23 the ton} |
18 |
| Havre, |
14 the ton} |
|
|
|
average. |
| London, |
76} |
|
| Liverpool, |
61} |
1.09 dols. |
| Bristol, |
1.43} |
|
| Hull, |
1.57} |
|
|
(f)
Exports to. |
1,384,246 D. |
(k)
6,888,970 D. |
(f)
Imports from. |
155,136 D. |
13,965,464 D. |
(f)
Freighted in their vessels. |
9,842 tons. |
119,194 tons. |
(f)
Freighted in our vessels. |
19,173 tons. |
39,171 tons. |
|
French America. |
English America. |
| Wheat, flour, &c. |
(g)
Prohibited by a general law.
Free, by suspensions from time to time. |
Free, by proclamation. |
| Rice. |
(c)
1 per cent. |
Free, by proclamation. |
| Salted fish. |
(h)
1 per cent. x 3 livres kental. |
Prohibited. |
| Salted beef. |
(e)
1 per cent. x 3 livres kental. |
Prohibited. |
| Port charges. |
| Cape Franc, |
.96} |
|
| Port au Prince, |
.40} |
average. |
| Martinique, |
.18} |
.55 |
|
| Jamaica, |
.76 } |
|
| Antigua, |
.22 } |
|
| Barbados, |
.42 } |
average. |
| St. Kitts, |
.43 } |
.44 |
| 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 vessels. |
3,959 tons. |
107,759 tons. |
| Freighted in our vessels. |
97,236 tons. |
Prohibited. |
The following articles being on an equal footing in both countries,
are thrown together.
|
France. |
Great Britain and Ireland. |
| Tobacco. |
Free of duty, but under monopoly. |
1s. 3d. the lb. |
| Wood. |
(a)
Free. |
Free. |
| Pot and pearl ash. |
(a)
Free. |
Free. |
| Flax seed. |
(a)
Free. |
Free. |
|
French America. |
English America. |
| Corn, Indian. |
(c)
1 per cent. |
Free, by proclamation. |
| Wood. |
(c)
1 per cent. |
Free, by proclamation. |
| Salted Pork. |
(c)
Prohibited. |
Prohibited. |
| Horses and mules. |
(c)
Free. |
Free, by proclamation. |
| Live provisions. |
(c)
1 per cent. |
Free, by proclamation. |
| Tar, pitch, turpentine. |
(c)
1 per cent. |
Free, by proclamation. |
| Imports allowed. |
Rum, molasses generally, sugar,
and all other
commodities till
August 1, 1794. |
Rum, molasses, sugar, coffee, cocoa
nuts, ginger, pimento, by 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.
(k)
|
|
Dollars. |
| 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 deducted |
16,724 |
| Wine, } |
4,425 |
|
|
4,329,456 00 |
| Remainder, including their consumption and the unknown re-exportations |
2,559,522 50 |
The exportations certainly known then, are five-eighths of the whole.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 5s. 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
10l., 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 30l. 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 — CIRCULAR TO THE AMERICAN CONSULS. — TO JOHN PAUL JONES. — TO MR. MADISON. — TO THOMAS BARCLAY, ESQUIRE. — TO MR. PINCKNEY. — TO THOMAS PINCKNEY. — TO MR PINCKNEY. — TO GOUVERNEUR MORRIS. — TO M. DE LA FAYETTE. — TO MR. BARLOW. — TO PETER CARR. — TO MR. VAN BERCKEL. — TO HIS EXCELLENCY THE GOVERNOR OF GEORGIA. — TO MESSRS. DE VIAR AND JAUDENES. — TO COLONEL HUMPHREYS. — TO HIS EXCELLENCY GOVERNOR LEE. — TO MR. PALESKE. — TO THE MINISTER PLENIPOTENTIARY OF FRANCE. — TO THE PRESIDENT OF THE UNITED STATES. — TO ARCHIBALD STUART, ESQ. — TO MR. CLAY. — TO EDWARD RANDOLPH, ESQ. — TO THE PRESIDENT OF THE UNITED STATES. — TO C. C. PINCKNEY, ESQ. — TO MR. PINCKNEY. — TO MESSRS. CARMICHAEL AND SHORT. — TO G. MORRIS, ESQ. — TO M. DE TERNANT. — TO MESSRS. VIAR AND JAUDENES, Commissioners of Spain . — TO THE PRESIDENT. — TO MESSRS. CARMICHAEL AND SHORT. — TO THE PRESIDENT OF THE UNITED STATES. — TO THE MAYOR, MUNICIPAL OFFICERS AND PROCUREUR OF THE COMMUNITY OF MARSEILLES. — TO COLONEL HUMPHREYS. — TO GOUVERNEUR MORRIS. — TO COLONEL HUMPHREYS. — TO T. M. RANDOLPH, JR. — TO M. DE TERNANT. — TO MR. PINCKNEY. — TO DR. GILMER. — TO MR. MERCER. — TO MR. RUTHERFORD. — TO MR. PINCKNEY. — TO MR. SHORT. — TO MR. RANDOLPH. — TO MR. GALLATIN. — TO MRS. RANDOLPH. — TO DR. STEWART, OR TO ALL THE GENTLEMEN. — TO MR. CARROLL. — Circular to the ministers of France, the United Netherlands, Great Britain, &c. — TO MR. HAMMOND. — TO M. DE TERNANT. — TO M. DE TERNANT. — TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. — TO THE MINISTER OF FRANCE. — TO J. MADISON. — TO MAJOR GENERAL GATES. — TO GOUVERNEUR MORRIS. — TO GOUVERNEUR MORRIS. — TO MR. PINCKNEY. — TO —— [22]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
x |
$ |
|
|
|
Will. V. Staph. &Hub. under do. |
2475.0 = |
1000.00 |
|
|
|
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 |
|
|
x |
|
|
| Dec. 17 |
By remittance to Mr. G. Morris, (as by his letter, Feb. 26, 91), the bill per contra for |
2475 = |
$1,000 |
|
By do. to J. B. Cutting, (as by papers given in to Congress,) the bill per contra for |
577-10 = |
$233⅓ |
| 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 = |
38,766⅔ |
|
|
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—1791, July 1. |
Outfit. |
Salary. |
Secretary. |
Postage. |
Contingencies, viz., Gazettes, &c. to dept. of state, printing, poor seamen, &c. |
Total. 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. |
| Mission to Amsterdam on the subject of loans |
986.18 |
| Mission to Madrid |
1195.89 |
| Mr. Cutting special services to American seamen |
233.33 |
4,415.40 |
|
Total |
21,054.61 |
| 1791, July 1.—1792, July 1. |
Outfit. |
Salary. |
|
Postage. |
Contingencies. |
Total. 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. |
|
|
|
10,800. |
| Mr. Pinckney |
9000. |
1800. |
|
|
|
10,800. |
|
|
|
|
|
|
41080.34 |
| Extraordinary, |
| Mission to Amsterdam on the subject of loans |
444.43 |
| Mission to 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, Resident |
5,653.56 |
|
Lisbon |
5,653.56 |
|
Hague, an Agent |
1,650. |
|
Medals to foreign ministers |
654.06 |
| Surplus |
1774.02 |
|
|
$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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 — TO COLONEL HUMPHREYS. — TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA. — TO COLONEL DAVID. — TO COLONEL HUMPHREYS. — TO MESSRS. CARMICHAEL AND SHORT. [23]
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.
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.
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.
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.
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 — TO MR. DUMAS. — TO COLONEL HAMILTON. — TO J. MADISON. — TO MR. HAMMOND. — TO THE SECRETARY OF STATE. — TO MR. PINCKNEY. — TO MR. VAN BERCKEL. — CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT. — TO M. DE TERNANT. — TO THE SECRETARY OF THE TREASURY. — TO M. DE TERNANT. — TO COLONEL MONROE. — TO MR. PINCKNEY. — TO E. RANDOLPH. — TO THE SECRETARY OF THE TREASURY. — TO J. MADISON. — TO MR. HAMMOND. — TO M. DE TERNANT. [25]
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.
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.
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.
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.]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
FOOTNOTE — TO J. MADISON. — TO THE GOVERNOR OF VIRGINIA. — TO MR. VAN BERCKEL. — TO MESSRS. CARMICHAEL AND SHORT. — TO JAMES MADISON. — TO MR. RANDOLPH. — MR. GENET, MINISTER PLENIPOTENTIARY OF FRANCE. — TO MR. HAMMOND. — TO THE PRESIDENT OF THE UNITED STATES. — TO JAMES MADISON. — TO GOUVERNEUR MORRIS. — TO MR. PINCKNEY. — TO M. GENET. — TO MR. GENET. — TO MR. HAMMOND. — 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.