The Writings of Thomas Jefferson, Vol. 2 (of 9)

TO BARON BLOME

Paris, August 18, 1786.

Sir,—Dr. Franklin, during his residence at this court, was instructed by Congress to apply to the court of Denmark for a compensation for certain vessels and cargoes taken from the English during the late war by the American squadron under the command of Commodore Paul Jones, carried into a port of Denmark, and by order of the court of Denmark, re-delivered to the English. Dr. Franklin made the application through the Baron de Waltersdorff, at that time charged with other matters relative to the two countries of Denmark and the United States of America. Baron de Waltersdorff, after having written to his court, informed Dr. Franklin that he was authorized to offer a compensation of ten thousand guineas. This was declined, because it was thought that the value of the prizes was the true measure of compensation, and that that ought to be inquired into. Baron de Waltersdorff left this court sometime after, on a visit only, as he expected, to Copenhagen, and the matter was suffered to rest till his return. This was constantly expected till you did me the honor of informing me that he had received another destination. It being now, therefore, necessary to renew our application, it is thought better that Commodore Paul Jones should repair in person to Copenhagen. His knowledge of the whole transaction will best enable him to represent it to that court, and the world has had too many proofs of the justice and magnanimity of his Danish majesty to leave a doubt that he will order full justice to be done to those brave men who saw themselves deprived of the spoils, won by their gallantry, and at the hazard of their lives, and on whose behalf the justice and generosity of his majesty is now reclaimed.

I am now, Sir, to ask the favor of you to communicate this application to your court, to inform them that Commodore Paul Jones, who will present himself to them, is authorized to solicit and arrange this matter, and to ask your good offices with his majesty and his ministers, so that the representations of Mr. Jones may find their way to them, which we are assured is all that is necessary to obtain justice.

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

TO MR. MCCARLEY

Paris, August 19, 1786.

Sir,—On the receipt of your letter of the 7th instant, I called on one of the Farmers General, who is of my acquaintance, and asked of him explanations of the reasons for the low prices offered for tobacco. He said they considered themselves as bound to purchase the quantities as directed by the order of Berny, and at the prices therein ordered, which quantities they apportioned among the ports according their wants, allotting certain quantities to be bought weekly or monthly. That when greater quantities offered, they thought themselves at liberty to buy them at a lower price, if the holder would take it—that this was done by a previous contract. I gave him an extract of the letter, and he promised to inquire into it, and to use his influence that justice should be done you.

If you made an express contract for the prices you mention, without doubt you will be held to them. If you did not make a contract, I think it is as certain you will be entitled to the prices fixed by the government. Should they refuse justice, I am told you may have redress by application to a court on the spot, or to a tribunal at Paris, which takes cognizance of whatever relates to the farmers. But I believe, also, that the committee who proposed this regulation, are authorized to take cognizance of all infractions of it. As soon as I obtain an answer from the Farmers General, I will do myself the pleasure of communicating it to you. I am, with much respect, Sir, your most obedient, and most humble servant.

TO MR. CARMICHAEL

Paris, August 22, 1786.

Sir,—Your favors of June 16th, July 15th, 18th and 31st, I have the honor now to acknowledge. I have been for a month past so closely employed, that it has been out of my power to do myself the pleasure sooner of writing to you on the several subjects they contain. I formerly wrote you the reason why Mr. Grand has not paid your bills; that is to say, the want of a letter of advice. As to the notary's calling on me as inserted in the protest, I do not remember that he did. Persons calling on me with demands on account of the United States, I generally refer to Mr. Grand, with information that I have nothing to do with the moneys of the United States. Mr. Grand, by refusing to make payments without my order in many cases, has obliged me to interfere till I could obtain instructions to him from the treasury as to the manner in which he should govern himself. With respect to your bill, I am thoroughly satisfied he had no reason for not paying it but the want of a letter of advice. Had there been one, I would have ordered the payment; but this being a caution required between private individuals, it was less to be dispensed with in the case of the public. I believe I may venture to assure you, that if you will always write a letter of advice with your bills, they will always be honored. If the mode of doing business at Madrid would admit their being drawn at so many days' sight, it would be better, because it would allow time to consult you, if the letter of advice is miscarried.

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The first notice of them has been the demand of payment. However, this is not essential, nor anything else except the letter of advice—not even the having money in our funds here, for this sometimes happens. I had your last bills, those of Mr. Dumas, and some other federal demands, paid out of a sum of money lodged here by the State of Virginia for the purchase of arms. However, we have at present three months' supplies on hand. I am to thank you for the map which I received of Mr. Randall. Mr. Barclay has sent from Cadiz some of the books purchased there. Should you at any time meet with any of the others named in my catalogue, at reasonable prices, I will thank you to think of me. I paid Mr. Barclay's draught for those coming from Cadiz, and will answer yours, or find means of remitting the money to you for the map and such other books as you may be so good as to purchase for me. I return you, according to your desire, O'Bryan's letter, having sent copies of that and other papers you have forwarded me from time to time, as also an extract from your own letters on the Barclay affairs to Congress, and to Mr. Adams. Mr. Adams left London about the 3d or 4th instant, for the Hague, to exchange ratifications of our treaty with Prussia with the Baron de Thulemeyer, and also to take leave of their high-mightinesses, which he had not done before. I suppose that by this time he is returned to London. It is inconceivable to me what difficulties can have arisen on our treaty with Portugal. However, the delay of the signature indicates that there are such. You intimate the expediency of the mutual appointment of consuls between Denmark and us. But our particular constitution occasions a difficulty. You know that a consul is the creature of a convention altogether,—that without this he must be unknown, and his jurisdiction unacknowledged by the laws of the country in which he is placed. The will of the Sovereign in most countries can give a jurisdiction by a simple order. With us, the confederation admitting Congress to make treaties with foreign powers, they can by treaty or convention provide for the admission and jurisdiction of consuls and the confederation, and whatever is done under it, being paramount to the laws of the States, this establishes the power of the consuls. But without a convention, the laws of the States cannot take any notice of a consul, nor permit him to exercise any jurisdiction. In the case of Temple, the consul from England, therefore, Congress could only say he should have such power as the law of nations, and the laws of the States admitted. But none of the States having passed laws but for nations in alliance with us, Temple can exercise no jurisdiction nor authority. You ask in what state is our treaty with Naples? Congress gave powers to Mr. A., Dr. F. and myself, to form treaties of alliance and commerce with every nation in Europe with whom it could be supposed we should have an intercourse of any sort. These powers were to continue two years. We offered to treat with all nations. Prussia made a treaty with us. Portugal we expect does the same. Tuscany exchanged propositions backwards and forwards with us, but before they could be completed, our powers expired. The Emperor somewhat the same. But all other nations made professions of friendship, and said they supposed a commerce could be carried on without a treaty. Spain, you know, treats at New York. At present, therefore, we stand thus: France, the United Netherlands, Sweden and Prussia, are connected by treaty. Spain and Portugal will probably be so. Perhaps the powers may be renewed for the Emperor and Tuscany. But as to every other nation of Europe, I am persuaded Congress will never offer a treaty. If any of them should desire one hereafter, I suppose they will make the first overtures. In fact, the exclusion of our vessels from the English and Spanish American possessions in America, and the modified reception of them in the French islands, may render regulations on our part necessary, which might be embarrassed by a multiplication of treaties with other nations. I think, therefore, that at present Congress would not wish to make any other treaties than those actually in agitation with Spain and Portugal. A Commercial Congress is to meet to prepare an article defining the extent of the powers over commerce which it may be expedient to give to the United States in Congress assembled. Every State has appointed deputies to meet for this purpose, except Maryland, which declined it because they thought the established Congress might propose an article. It is thought they will still appoint, but that at any rate they will accede to what shall be done. Congress being once invested with these powers will be the less embarrassed in the system in proportion as their hands are less tied up by engagements with other powers. While Mr. A., Dr. F. and myself were here together, it was made a question whether we should send agents to the Barbary powers, or receive their agents here. As these would expect to be supported, we thought the former the more economical plan. An agent from Algiers to Madrid must have great presents, and be pompously supported. This induced us to send Mr. Lambe to Algiers. The possibility that mal-adroitness in him may leave something yet practicable by Mr. Barclay, may perhaps occasion a mission of this latter gentleman to Algiers. On this, I expect to hear from Mr. Adams as soon as he returns from the Hague. As to myself, I confess I expect nothing from Algiers, were we to send an angel, without more money than we are authorized to give them. We desired Mr. Lambe to repair to Congress, that he might, by his information, aid them in their decisions. He answers us by resigning his commission, saying that his health will not permit him either to go to Congress or to come to us; yet he desires we will settle his accounts. It would seem, then, as if he meant to live at Alicant, Carthagena, or somewhere there. Certainly we cannot go to him. If he has still money in your banker's hands belonging to the United States, and you judge from any circumstances that it ought to be stopped, be so good as to write us on the subject, and in the meantime to stop it. You observe, that I do not write to you on foreign subjects. My reason has been, that our letters are often opened; and I do not know that you have yet received the cypher Mr. Barclay was to leave with you. If you have not, be so good as to ask a copy of his, which being already in the hands of Mr. Jay, Mr. Adams, and myself, will enable you to write in cypher to any of us. Indeed, I wish you could get the one from Mr. Lambe, which is a copy. I have seen the Chevalier de Burgoyne two or three times, and was much pleased with him. He expressed great friendship for you. I have not yet seen Mr. Calver, but shall surely pay all the attention I can to him, as well as to any other person you may be so kind as to recommend. My letters and papers from America come down to the last week in June. They inform me that treaties are concluded with most of the Indian nations within our boundaries, that lands are purchased of them, and Hutchins, the surveyor for the United States, gone out to lay them off. Straggling Indians, however, still molest our settlements. But it is neither in the general disposition, nor in the power of those tribes to do us any serious ill. All the States have agreed to the impost. But New York has annexed such conditions as that it cannot be accepted. It is thought, therefore, they will grant it unconditionally. But a new difficulty has started up. Three or four States had coupled the grant of the impost with the grant of the supplementary funds, asked by Congress at the same time, declaring that they should come into force only when all the States had granted both. One of these, Pennsylvania, refuses to let the impost come into being alone. We are still to see whether they will persist in this. I enclose you a copy of an act of the Virginia Assembly for religious freedom, which I had translated here into French and Italian. It is one chapter only of the revised code of the laws of that State, which their Assembly began to pass at their last session, and will finish at their next. Pennsylvania is proposing a reformation of their criminal laws; New York of their whole code. I send you also the article "Etats Unis" of the Encyclopedie Methodique, which came out two or three days ago only. They have printed some copies of this article by itself. The two first sections you will find bad: in the others are several errors; but there are a great number of details made on authentic materials, and to be relied on. Remarkable deaths in America are General Cadwallader, Colonel Tilghman (Tench), General McDougal, and Mrs. Wilson, wife of the member of Congress. Mr. Telfair is Governor of Georgia, Collins of Rhode Island, and S. Huntington of Massachusetts. I observe that S. Adams is not re-elected president of the Senate of Massachusetts. I know not the reason of this. Recollecting nothing else material, and having sufficiently fatigued you already, I shall conclude with assurances of the esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.

TO M. DE LA FAYETTE

Paris, August 24, 1786.

Dear Sir,—Your other friends here being so much better qualified to give you the transactions of the metropolis during your absence, it would be presumption in me to touch on them. I assume, therefore, the office of your correspondent for American affairs, in the discharge of which, I may stand a chance to communicate to you details which you cannot get in the ordinary course of your correspondence, and which the interest you are so good as to take in our affairs will sometimes render agreeable to you. My letters and papers from America came down to the 16th of July. The impost then wanted the accession of New York only, but another difficulty had started up. Three or four of the States had coupled together the impost and the supplementary funds, so that neither could take place till all the States had granted both. Pennsylvania was of this number, and though desired by Congress to suffer the impost to be established unconnected with the supplementary funds, they have refused, saying, that should the interest of the foreign debt get into a course of regular payment, separately from that of the domestic one, the other States will be the less ready to provide for the latter. Some of the other States have hereupon provided the supplementary funds. It remains to see whether it will be easiest to get all the States to do this, or to prevail on Pennsylvania to recede. All the States have come into the Virginia proposition for a commercial convention, the deputies of which are to agree on the form of an article giving to Congress the regulation of their commerce. Maryland alone has not named deputies, conceiving that Congress might as well propose the article. They are, however, for giving the power, and will, therefore, either nominate deputies to the convention, or accede to their measures. Massachusetts and New Hampshire have suspended their navigation acts. The English encroachments on the province of Maine become serious. They have seized vessels, too, on our coast of Passimaquaddy, thereby displaying a pretension to the exclusive jurisdiction to the Bay of Fundi, which separates Nova Scotia and Le Maine, and belongs as much to us as them. The Spaniards have not yet relinquished the fort of the Natches, and our arrangements with them hang on a great obstacle, indispensable with us, and of which they are unjustly and unwisely tenacious. The Indians, both Northern and Southern, have made peace, except the Creeks, who have made a formidable attack on Georgia. Scattering parties of the Northern Indians, too, have killed some persons in Kentucky. They are unacknowledged, however, by their nations. I observe that Samuel Adams is not re-elected President of the Senate. I cannot conjecture the reason of this. General Sullivan is made President of New Hampshire, Generals Green, McDougal, and Williamson are dead. There have been, for some time, twelve States present in Congress. By a letter from Mr. Barclay, of July 16, I expect our peace with Morocco is signed. For this we are indebted to the honest offices of Spain. Your letter to some friend in Boston, enclosing M. de Calonne's of November 19, 1785, on the subject of whale oils, is printed at length in our papers. Your name is to it, but not that of the person to whom addressed, nor any date. It will do you just service there: the only question is whether it may not disarm you here. I have as yet not heard a tittle from M. de Calonnes on the subject of our commerce. I have received from you, from London, Andrew's history of the war, and Cooper's travels. McIntosh's is not to be bought, the whole edition being exhausted. Our Madeira will be in Paris to-day or to-morrow. I shall be able to have a small copying press completed for you here in about three weeks. Must it wait your return, or will you have it sent to you? Adhering to my promise of saying nothing to you of what I know so imperfectly as the affairs of this country, I shall conclude with assurances of the sincere esteem with which I have the honor to be, dear Sir, your most obedient and most humble servant.

TO M. VAN HOGENDORP

Paris, August 25, 1786.

Sir,—Your favor of the 2d instant has been duly received, and I employ the first moment which has been at my disposal to answer it. The author of the part of the new Encyclopedie which relates to political economy, having asked of me materials for the article "Etat Unis," stating a number of questions relative to them, I answered them as minutely and exactly as was in my power. He has from these compiled the greater part of that article. I take the liberty of enclosing you one of them, which will give you all the details to which your letter refers. I can even refer you to the pages which answer your several questions.

What is the extent of the Congress power in managing the affairs of the United States?

The 6th and 9th articles of the confederation will explain these. Those which it is thought they still need, you will find indicated in this pamphlet, pages 29, 30, and in 31-6, their powers of coercion.

Ques.—What are the expenses of Congress?

Ans.—Page 31-6, and 43-6.

Ques.—Which the revenue?

Ans.—As yet they have no standing revenue; they have asked standing revenues as they shall be noted under a subsequent question. In the meantime they call annually for the sums necessary for the federal government. See pages 43, 44.

Ques.—In which way does the particular State contribute to the general expenses?

Ans.—Congress, once a year, calculate the sum necessary the succeeding year to pay the interest of their debt and to defray the expenses of the federal government. This sum they then apportion on the several States according to the table page 44. And the States then raise each its part by such taxes as they think proper.

Ques.—Are general duties, to be levied by Congress, still expected to be acquiesced to by the States?

Ans.—See page 30, a. New York, the only State which had not granted the impost of 5 per cent., has done it at a late session, but has reserved to herself the appointment of collectors. Congress will not receive it upon that condition. It is believed that New York will recede from this condition. Still, a difficulty will remain; the impost of 5 per cent. not being deemed sufficient to pay the interest of our whole debt, foreign and domestic. Congress asked at the same time (that is in 1783) supplementary funds to make good the deficiency. Several of the States have not yet provided those supplementary funds. Some of those which have provided them, have declared that the impost and the supplementary fund shall commence only when all the States have granted both. Congress have desired those States to uncouple the grants, so that each may come into force separately as soon as it is given by all the States. Pennsylvania has declared this way, that if the impost be granted alone, as that will do little more than pay the interest of the foreign debt, the other States will be less urgent to provide for the interest of the domestic debt. She wishes, therefore, to avail herself of the general desire to provide for the foreign creditors in order to enforce a just attention to the domestic ones. The question is whether it will be more easy to prevail on Pennsylvania to recede from this condition, or the other States to comply with it. The treaties with the Indians have experienced greater delay than was expected. They are, however, completed, and the surveyors are gone into that country to lay out the land in lots. As soon as some progress is made in this, the sale of lands will commence, and I have a firm faith that they will, in a short time absorb the whole of the certificates of the domestic debt.

The Philadelphia Bank was incorporated by Congress. This is, perhaps, the only instance of their having done that which they had no power to do. Necessity obliged them to give this institution the appearance of their countenance, because in that moment they were without any other resource for money. The Legislature of Pennsylvania, however, passed an act of incorporation for the bank, and declared that the holders of stock should be responsible only to the amount of their stock. Lately that Legislature has repealed their act. The consequence is, that the bank is now altogether a private institution, and every holder is liable for its engagements in his whole property. This has had a curious effect. It has given those who deposit money in the bank a greater faith in it, while it has rendered the holders very discontented, as being more exposed to risk, and has induced many to sell out, so that I have heard (I know not how truly) that bank stock sells somewhat below par; it has been said 7 1-2 per cent.; but as the publication was from the enemies of the bank, I do not give implicit faith to it. With respect to the article, "Etats Unis" of the Encyclopedie now enclosed, I am far from making myself responsible for the whole of the article. The two first sections are taken chiefly from the Abbé Raynal, and they are therefore wrong exactly in the same proportion the other sections are generally right. Even in them, however, there is here and there an error. But, on the whole, it is good, and the only thing as yet printed which gives a just idea of the American constitutions. There will be another good work, a very good one, published here soon, by a Mr. Mazzei, who has been many years a resident of Virginia, is well informed and possessed of a masculine understanding. I should rather have said it will be published in Holland, for I believe it cannot be printed here. I should be happy indeed in an opportunity of visiting Holland, but I know not when it will occur. In the meantime, it would give me great pleasure to see you here. I think you would find both pleasure and use in such a trip. I feel a sincere interest in the fall of your country, and am disposed to wish well to either party only as I can see in their measures a tendency to bring on an amelioration of the condition of the people; an increase in the mass of happiness. But this is a subject for conversation. My paper warns me that it is time to assure you of the esteem and respect with which I have the honor to be, dear Sir, your most obedient humble servant.