Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1

What has become of Mr. Lambe? Supposing he was to call on the commissioners for instructions, and thinking it best these should be in readiness, Dr. Franklin undertook to consult well the Barbary treaties with other nations, and to prepare a sketch which we should have sent for your correction. He tells me he has consulted those treaties, and made references to the articles proper for us, which, however, he will not have time to put into form, but will leave them with me to reduce. As soon as I see them, you shall hear from me. A late conversation with an English gentleman here, makes me believe, what I did not believe before; that his nation thinks seriously that Congress have no power to form a treaty of commerce. As the explanations of this matter, which you and I may separately give, may be handed to their minister, it would be well that they should agree. For this reason, as well as for the hope of your showing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. It is contained in these four principles. By the Confederation, Congress have no power given them, in the first instance, over the commerce of the States. But they have a power given them of entering into treaties of commerce, and these treaties may cover the whole field of commerce, with two restrictions only. 1. That the States may impose equal duties on foreigners as natives: and 2. That they may prohibit the exportation or importation of any species of goods whatsoever. When they shall have entered into such treaty, the superintendence of it results to them; all the operations of commerce, which are protected by its stipulations, come under their jurisdiction, and the power of the States to thwart them by their separate acts, ceases. If Great Britain asks, then, why she should enter into treaty with us? why not carry on her commerce without treaty? I answer; because till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties); no protection to her commerce can be given by Congress; no cover to it from those checks and discouragements, with which the States will oppress it, acting separately, and by fits and starts. That they will act so till a treaty is made, Great Britain has had several proofs; and I am convinced those proofs will become general. It is then to put her commerce with us on systematical ground, and under safe cover, that it behoves Great Britain to enter into treaty. And I own to you, that my wish to enter into treaties with the other powers of Europe, arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. Because, according to my idea, the commerce of the United States with those countries not under treaty with us, is under the jurisdiction of each State separately; but that of the countries which have treated with us, is under the jurisdiction of Congress, with the two fundamental restraints only, which I have before noted.

I shall be happy to receive your corrections of these ideas, as I have found, in the course of our joint services, that I think right when I think with you.

I am, with sincere affection, Dear Sir,

your friend and servant,

Th: Jefferson.

P.S. Monsieur Houdon has agreed to go to America to take the figure of General Washington. In the case of his death, between his departure from Paris and his return to it, we may lose twenty thousand livres. I ask the favor of you to inquire what it will cost to ensure that sum on his life, in London, and to give me as early an answer as possible, that I may order the ensurance, if I think the terms easy enough. He is, I believe, between thirty and thirty-five years of age, healthy enough, and will be absent about six months. T.J.

LETTER LXXI.—TO GENERAL WASHINGTON, July 10, 1785

TO GENERAL WASHINGTON.

Paris, July 10, 1785.

Dear Sir,

Mr. Houdon would much sooner have had the honor of attending you, but for a spell of sickness, which long induced us to despair of his recovery, and from which he is but recently recovered. He comes now, for the purpose of lending the aid of his art to transmit you to posterity. He is without rivalship in it, being employed from all parts of Europe in whatever is capital. He has had a difficulty to withdraw himself from an order of the Empress of Russia; a difficulty, however, that arose from a desire to show her respect, but which never gave him a moment’s hesitation about his present voyage, which he considers as promising the brightest chapter of his history. I have spoken of him as an artist only; but I can assure you also, that, as a man, he is disinterested, generous, candid, and panting after glory: in every circumstance meriting your good opinion. He will have need to see you much while he shall have the honor of being with you; which you can the more freely admit, as his eminence and merit give him admission into genteel societies here. He will need an interpreter. I suppose you could procure some person from Alexandria, who might be agreeable to yourself, to perform this office. He brings with him one or two subordinate workmen, who of course will associate with their own class only.

On receiving the favor of your letter of February the 25th, I communicated the plan for clearing the Potomac, with the act of Assembly, and an explanation of its probable advantages, to Mr. Grand, whose acquaintance and connection with the monied men here, enabled him best to try its success. He has done so; but to no end. I enclose you his letter. I am pleased to hear in the mean time, that the subscriptions are likely to be filled up at home. This is infinitely better, and will render the proceedings of the company much more harmonious. I place an immense importance to my own country, on this channel of connection with the new western States. I shall continue uneasy till I know that Virginia has assumed her ultimate boundary to the westward. The late example of the State of Franklin separating from North Carolina, increases my anxieties for Virginia.

The confidence you are so good as to place in me, on the subject of the interest lately given you by Virginia in the Potomac company, is very flattering to me. But it is distressing also, inasmuch as, to deserve it, it obliges me to give my whole opinion. My wishes to see you made perfectly easy, by receiving, those just returns of gratitude from our country to which you are entitled, would induce me to be contented with saying, what is a certain truth, that the world would be pleased with seeing them heaped on you, and would consider your receiving them as no derogation from your reputation. But I must own that the declining them will add to that reputation, as it will show that your motives have been pure and without any alloy. This testimony, however, is not wanting either to those who know you, or who do not. I must therefore repeat, that I think the receiving them will not, in the least, lessen the respect of the world, if from any circumstances they would be convenient to you. The candor of my communication will find its justification, I know, with you.

A tolerable certainty of peace leaves little interesting in the way of intelligence. Holland and the emperor will be quiet. If any thing is brewing, it is between the latter and the Porte. Nothing in prospect as yet from England. We shall bring them, however, to a decision, now that Mr. Adams is received there. I wish much to hear that the canal through the Dismal Swamp is resumed.

I have the honor to be, with the highest respect and esteem,

Dear Sir, your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXII.—TO THE GOVERNOR OF VIRGINIA, July 11, 1785

TO THE GOVERNOR OF VIRGINIA.

Paris, July 11, 1785.

Sir,

Mr. Houdon’s long and desperate illness has retarded, till now, his departure for Virginia. We had hoped, from our first conversations with him, that it would be easy to make our terms, and that the cost of the statue and expense of sending him, would be but about a thousand guineas. But when we came to settle this precisely, he thought himself obliged to ask vastly more insomuch, that, at one moment, we thought our treaty at an end. But unwilling to commit such a work to an inferior hand, we made nim an ultimate proposition on our part. He was as much mortified at the prospect of not being the executor of such a work, as we were, not to have it done by such a hand. He therefore acceded to our terms; though we are satisfied he will be a considerable loser. We were led to insist on them, because, in a former letter to the Governor, I had given the hope we entertained of bringing the whole within one thousand guineas. The terms are twenty-five thousand livres, or one thousand English guineas (the English guinea being worth twenty-five livres) for the statue and pedestal. Besides this, we pay his expenses going and returning, which we expect will be between four and five thousand livres: and if he dies on the voyage, we pay his family ten thousand livres. This latter proposition was disagreeable to us; but he has a father, mother, and sisters, who have no resource but in his labor: and he is himself one of the best men in the world. He therefore made it a sine qua non, without which all would have been off. We have reconciled it to ourselves, by determining to get insurance on his life made in London, which we expect can be done for five per cent.; so that it becomes an additional sum of five hundred livres. I have written to Mr. Adams to know, for what per cent, the insurance can be had. I enclose you, for a more particular detail, a copy of the agreement. Dr. Franklin, being on his departure, did not become a party to the instrument, though it has been concluded with his approbation. He was disposed to give two hundred and fifty guineas more, which would have split the difference between the actual terms and Mr Houdon’s demand. I wish the State, at the conclusion of the work, may agree to give him this much more; because I am persuaded he will be a loser, which I am sure their generosity would not wish. But I have not given him the smallest expectation of it, choosing the proposition should come from the State, which will be more honorable. You will perceive by the agreement, that I pay him immediately 8333 1/3 livres, which is to be employed in getting the marble in Italy, its transportation, he. The package and transportation of his stucco to make the moulds, will be about five hundred livres. I shall furnish him with money for his expenses in France, and I have authorized Dr. Franklin, when he arrives in Philadelphia, to draw on me for money for his other expenses, going, staying, and returning. These drafts will have been made probably, and will be on their way to me, before you receive this, and with the payments made here, will amount to about five thousand livres more than the amount of the bill remitted me. Another third, of 8333 1/3 livres, will become due at the end of the ensuing year.

Dr. Franklin leaves Passy this morning. As he travels in a litter, Mr. Houdon will follow him some days hence, and will embark with him for Philadelphia. I am in hopes he need not stay in America more than a month.

I have the honor to be, with due respect,

your Excellency’s most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXIII.—TO THE PRESIDENT OF CONGRESS, July 12, 1785

TO THE PRESIDENT OF CONGRESS.

(Private.) Paris, July 12, 1785.

Dear Sir,

I was honored, two days ago, with yours of May the 16th, and thank you for the intelligence it contained, much of which was new to me. It was the only letter I received by this packet, except one from Mr. Hopkinson, on philosophical subjects. I generally write about a dozen by every packet, and receive sometimes one, sometimes two, and sometimes ne’er a one. You are right in supposing all letters opened which come either through the French or English channel, unless trusted to a passenger. Yours had evidently been opened, and I think I never received one through the post office which had not been. It is generally discoverable by the smokiness of the wax, and faintness of the re-impression. Once they sent me a letter open, having forgotten to re-seal it. I should be happy to hear that Congress thought of establishing packets of their own between New York and Havre; to send a packet from each port once in two months. The business might possibly be done by two packets, as will be seen by the following scheme, wherein we will call the two packets A and B.

January, A sails from New York, B from Havre. February. March. B sails from New York, A from Havre. April. May. A sails from New York, B from Havre. June. July. B sails from New York, A from Havre. August. September. A sails from New York, B from Havre. October. November. B sails from New York, A from Havre. December.

I am persuaded that government would gladly arrange this method with us, and send their packets in the intermediate months, as they are tired of the expense. We should then have a safe conveyance every two months, and one for common matters every month. A courier would pass between this and Havre in twenty-four hours. Could not the surplus of the post office revenue be applied to this? This establishment would look like the commencement of a little navy; the only kind of force we ought to possess. You mention that Congress is on the subject of requisition. No subject is more interesting to the honor of the States. It is an opinion which prevails much in Europe, that our government wants authority to draw money from the States, and that the States want faith to pay their debts. I shall wish much to hear how far the requisitions on the States are productive of actual cash. Mr. Grand informed me, the other day, that the commissioners were dissatisfied with his having paid to this country but two hundred thousand livres, of the four hundred thousand for which Mr. Adams drew on Holland; reserving the residue to replace his advances and furnish current expenses. They observed that these last objects might have been effected by the residue of the money in Holland, which was lying dead. Mr. Grand’s observation to me was, that Mr. Adams did not like to draw for these purposes, that he himself had no authority, and that the commissioners had not accompanied their complaints with any draft on that fund; so that the debt still remains unpaid, while the money is lying dead in Holland. He did not desire me to mention this circumstance; but should you see the commissioners, it might not be amiss to communicate it to them, that they may take any measures they please, if they think it proper to do any thing in it. I am anxious to hear what is done with the States of Vermont and Franklin. I think that the former is the only innovation on the system of April 23rd, 1784, which ought ever possibly to be admitted. If Congress are not firm on that head, our several States will crumble to atoms by the spirit of establishing every little canton into a separate State. I hope Virginia will concur in that plan as to her territory south of the Ohio; and not leave to the western country to withdraw themselves by force, and become our worst enemies instead of our best friends.

I have the honor to be, with sentiments of great respect,

your Excellency’s most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXIV.—TO THE VIRGINIA DELEGATES IN CONGRESS, July 12,1785

TO THE VIRGINIA DELEGATES IN CONGRESS.

Paris, July 12,1785.

Gentlemen,

In consequence of the orders of the legislative and executive bodies of Virginia, I have engaged Monsieur Houdon to make the statue of General Washington. For this purpose it is necessary for him to see the General. He therefore goes with Doctor Franklin, and will have the honor of delivering you this himself. As his journey is at the expense of the State, according to our contract, I will pray you to favor him with your patronage and counsels, and to protect him as much as possible, from those impositions to which strangers are but too much exposed. I have advised him to proceed in the stages to the General’s. I have also agreed, if he can see Generals Greene and Gates, whose busts he has a desire to execute, that he may make a moderate deviation for this purpose, after he has done with General Washington.

But the most important object with him, is to be employed to make General Washington’s equestrian statue for Congress. Nothing but the expectation of this, could have engaged him to have undertaken this voyage; as the pedestrian statue for Virginia will not make it worth the business he loses by absenting himself. I was therefore obliged to assure him of my recommendations for this greater work. Having acted in this for the State, you will, I hope, think yourselves in some measure bound to patronize and urge his being employed by Congress. I would not have done this myself, nor asked you to do it, did I not see that it would be better for Congress to put this business into his hands, than into those of any other person living, for these reasons: 1. He is, without rivalship, the first statuary of this age; as a proof of which, he receives orders from every other country for things intended to be capital. 2. He will have seen General Washington, have taken his measures in every part, and, of course, whatever he does of him will have the merit of being original, from which other workmen can only furnish copies. 3. He is in possession of the house, the furnaces, and all the apparatus provided for making the statue of Louis XV. If any other workman be employed, this will all have to be provided anew, and of course, to be added to the price of the statue; for no man can ever expect to make two equestrian statues. The addition which this would be to the price, will much exceed the expectation of any person who has not seen that apparatus. In truth it is immense. As to the price of the work, it will be much greater than Congress is probably aware of. I have inquired somewhat into this circumstance, and find the prices of those made for two centuries past, have been from one hundred and twenty thousand guineas, down to sixteen thousand guineas, according to the size. And as far as I have seen, the smaller they are, the more agreeable. The smallest yet made, is infinitely above the size of life, and they all appear outrees and monstrous. That of Louis XV., is probably the best in the world, and it is the smallest here. Yet it is impossible to find a point of view, from which it does not appear a monster, unless you go so far as to lose sight of the features, and finer lineaments of the face and body. A statue is not made like a mountain, to be seen at a great distance. To perceive those minuter circumstances which constitute its beauty, you must be near it, and, in that case, it should be so little above the size of the life, as to appear actually of that size, from your point of view. I should not, therefore, fear to propose, that the one intended by Congress should be considerably smaller than any of those to be seen here; as I think it will be more beautiful, and also cheaper. I have troubled you with these observations, as they have been suggested to me from an actual sight of works of this kind, and I supposed they might assist you in making up your minds on this subject. In making a contract with Monsieur Houdon it would not be proper to advance money, but as his disbursements and labor advance. As it is a work of many years, this will render the expense insensible. The pedestrian statue of marble, is to take three years; the equestrian, of course, would take much more. Therefore the sooner it is begun, the better.

I am, with sentiments of the highest respect, Gentlemen,

your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXV.—TO JOHN JAY, July 12,1785

TO JOHN JAY.

Paris, July 12,1785.

Sir,

My last letter to you was dated the 17th of June. The present serves to cover some papers put into my hands by Captain Paul Jones. They respect an ancient matter, which is shortly this.

While Captain Jones was hovering on the coast of England, in the year 1779, a British pilot, John Jackson by name, came on board him, supposing him to be British. Captain Jones found it convenient to detain him as a pilot, and, in the action with the Serapis, which ensued, this man lost his arm. It is thought that this gives him a just claim to the same allowance with others, who have met with the like misfortune in the service of the United States. Congress alone being competent to this application, it is my duty to present the case to their consideration; which I beg leave to do through you.

Dr. Franklin will be able to give you so perfect a state of all transactions relative to his particular office in France, as well as to the subjects included in our general commission, that it is unnecessary for me to enter on them. His departure, with the separate situation of Mr. Adams and myself, will render it difficult to communicate to you the future proceedings of the commission, as regularly as they have been heretofore. We shall do it, however, with all the punctuality practicable, either separately or jointly, as circumstances may require and admit.

I have the honor to be, with sentiments of the highest respect, Sir,

your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXVI.—TO MONSIEUR BRIET, July 13, 1785

TO MONSIEUR BRIET.

Paris, July 13, 1785.

Sir,

I am glad to hear that the Council have ordered restitution of the merchandise seized at L’Orient, contrary to the freedom of the place. When a court of justice has taken cognizance of a complaint, and has given restitution of the principal subject, if it refuses some of the accessories, we are to presume that some circumstance of evidence appeared to them, unknown to us, and which rendered its refusal just and proper. So, in the present case, if any circumstances in the conduct of the owner, or relative to the merchandise itself, gave probable grounds of suspicion that they were not entitled to the freedom of the port, damages for the detention might be properly denied. Respect for the integrity of courts of justice, and especially of so high a one as that of the King’s Council, obliges us to presume that circumstances arose which justified this part of their order. It is only in cases where justice is palpably denied, that one nation, or its ministers, are authorized to complain of the courts of another. I hope you will see, therefore, that an application from me as to the damages for detention, would be improper.

I have the honor to be, Sir,

your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXVII.—TO MESSRS. FRENCH AND NEPHEW, July 13,1785

TO MESSRS. FRENCH AND NEPHEW.

Paris, July 13,1785.

Gentlemen,

I had the honor of receiving your letter of June the 21st, enclosing one from Mr. Alexander of June the 17th, and a copy of his application to Monsieur de Calonne. I am very sensible that no trade can be on a more desperate footing than that of tobacco, in this country; and that our merchants must abandon the French markets, if they are not permitted to sell the productions they bring, on such terms as will enable them to purchase reasonable returns in the manufactures of France. I know but one remedy to the evil; that of allowing a free vent: and I should be very happy in being instrumental to the obtaining this. But while the purchase of tobacco is monopolized by a company, and they pay for that monopoly a heavy price to the government, they doubtless are at liberty to fix such places and terms of purchase, as may enable them to make good their engagements with government. I see no more reason for obliging them to give a greater price for tobacco than they think they can afford, than to do the same between two individuals treating for a horse, a house, or any thing else. Could this be effected by applications to the minister, it would only be a palliative which would retard the ultimate cure, so much to be wished for and aimed at by every friend to this country, as well as to America.

I have the honor to be, Gentlemen,

your most obedient, humble servant,