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

With respect to Dr. Spence, supposed to have been taken by the Algerines, I think the report extremely improbable. O'Bryan, one of our captives there, has constantly written to me, and given me information on every subject he thought interesting. He could not have failed to know if such a capture had been made, though before his time, nor to inform me of it. I am under perpetual anxiety for our captives there. The money, indeed, is not yet ready at Amsterdam; but when it shall be, there are no orders from the board of treasury to the bankers, to furnish what may be necessary for the redemption of the captives; and it is so long since Congress approved the loan, that the orders of the treasury for the application of the money would have come, if they had intended to send any. I wrote to them early on the subject, and pointedly. I mentioned it to Mr. Jay also, merely that he might suggest it to them. The payments to the foreign officers, will await the same formality.

I thank you for your attention to the case of Mrs. Burke. We have no news of Dr. Franklin since July last, when he was very ill. Though the silence of our letters on that subject is a proof that he is well, yet there is an anxiety here among his friends. We have lately had three books published, which are of great merit, in different lines. The one is in seven volumes, octavo, by an Abbé Barthelemy, wherein he has collected every subject of Grecian literature, after a labor of thirty years. It is called "Les voyages d'Anacharsis." I have taken a copy for you, because the whole impression was likely to be run off at once. The second is a work on government, by the Marquis de Condorcet, two volumes, octavo. I shall secure you a copy. The third are the works of the King of Prussia, in sixteen volumes, octavo. These were a little garbled at Berlin, before printed. The government lays its hands on all which come here, and change some leaves. There is a genuine edition published at Balse, where even the garblings of Berlin are re-established. I doubt the possibility of getting a copy, so vigilant is the government as to this work. I shall obtain you one, if it be possible. As I write all the public news to Mr. Jay, I will not repeat it to you. I have just received the Flora Caroliniana of Walter, a very learned and good work. I am, with very sincere esteem and respect, dear Sir, your friend and servant.

TO MR. JAY

Paris, January 14, 1789.

Sir,—In my letter of the 11th, I have said nothing of the Arret explanatory of that of September the 28th, on the subject of whale oils, which my letter of November the 19th gave you reason to expect. Though this explanatory Arret has been passed so long ago as the 7th of December, it has not been possible for me to obtain an authentic copy of it, till last night. I now enclose that to you, with a copy of a letter to me from Mr. Neckar, on the subject. The reception of our oils, in the meantime, is provided for by an intermediate order. You will observe, that in the Arret it is said to be passed "provisoirement," and that Mr. Neckar expressly holds up to us in his letter, a repeal, whenever the national fishery supplies their wants. The Arret, however, is not limited in its duration, and we have several chances against its repeal. It may be questioned, whether Mr. Neckar thinks the fishery worth the expense. It may be well questioned, whether, either with or without encouragement, the nation whose navigation is the least economical of all in Europe, can ever succeed in the whale fishery, which calls for the most rigorous economy. It is hoped that a share in the legislation will pass immediately into the hands of the States General, so as to be no longer in the power of the commis of a bureau, or even of his minister to smuggle a law through, unquestioned; and we may even hope that the national demand for this oil will increase faster than both their and our fisheries together will supply. But in spite of all these hopes, if the English should find means to cover their oils under our name, there will be great danger of a repeal. It is essential, then, that our government take effectual measures to prevent the English from obtaining genuine sea papers, that they enable their consuls in the ports of France (as soon as they shall be named) to detect counterfeit papers, and that we convince this government that we use our best endeavors with good faith, as it is clearly our interest to do; for the rivalship of the English, is the only one we have to fear. It had already begun to render our oils invendible in the ports of France. You will observe that Mr. Neckar renews the promise of taking off the ten sous pour livre, at the end of the next year.

Oczakow is at length taken by assault. The assailants were fourteen thousand, and the garrison twelve thousand, of whom seven thousand were cut to pieces before they surrendered. The Russians lost three thousand men. This is the Russian version, of which it is safe to believe no part, but that Oczakow is taken. The speaker of the English House of Commons, having died suddenly, they have chosen Mr. Grenville, a young man of twenty-seven years of age. This proves that Mr. Pitt is firm with the present parliament.

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

TO MR. ADAMS

Paris, January 14, 1789.

Dear Sir,—I now do myself the pleasure to enclose to you a copy of the Arret explanatory of that of September 28th, on the subject of our whale oils. Mr. Neckar in a letter to me has reserved the promise of taking off the ten sous per livre at the end of the next year. But, at the same time, he observes that whenever the national fishery shall be able to supply their demand for whale oil, we must expect a repeal of this Arret, which therefore expresses itself to be provisory. However, their navigation being the most expensive in Europe, they are the least likely to succeed in a whale fishery, without encouragements more extravagant than even those they now give; and it remains to be seen whether Mr. Neckar will continue to give even the present. I am informed there will be fewer French adventurers the next year than there has been this; so that if there be an apparent increase of their fishery, it will be by drawing over more of our fishermen. It is probable the States General will obtain a participation in the legislation, which will render their laws more stable, and more to be relied on. Mr. Neckar has also promised that if the present Arret should at any time be repealed, there shall be a sufficient space of time allowed for the reception of the oils which shall have been previously embarked. But our principal, if not our only danger, of a repeal being brought on, will come from the endeavors of the English to introduce their oils under color of ours, perhaps even with the assistance of our own merchants. Some effectual means must be adopted to prevent them from getting our real ship papers, and our Consuls in the ports of France must be enabled to detect forged papers; and we must moreover convince this government that we use our utmost endeavors, and with good faith, to prevent the entry of English oils under the license given to us. I would advise our shippers of oil always to get the certificate of the French consul in their State, if it be practicable, because those will admit of the least doubt here. When this cannot be had, they may have recourse to the magistrates of the country, and in this case there should be a certificate under the seal of the State, that the magistrate who has certified their oil to be the produce of the American fishery, is a magistrate duly appointed and qualified by law, all the States for the Governors' signature to accompany the great seal. Oczakow is at length taken. The Russians say they gave the assault with fourteen thousand men, against twelve thousand within the walls, that seven thousand of these suffered themselves to be cut to pieces before they surrendered, and that themselves lost three thousand. The only circumstance to be believed in all this, is that Oczakow is taken. Everything else in Europe is quiet, except the internal affairs of Poland. The Prussian party there gains greater superiority daily. The King of Prussia, however, will feel less bold on the probability that England will remain inactive in all things external. This secures to this country leisure for their internal improvements. These go on well. The report of Mr. Neckar to the King, which has been published, renews the renunciation of the power of laying a new tax or continuing an old one without consent of the States General; admits they are to appropriate the public moneys (and of course how much of it the King may spend), that ministers must be responsible, that the King will concur in fixing the periodical meeting of the States, that he will be ready to consider with them what modifications, lettres de cachet should be put under, and of the decree of liberty which may be given to the press; and further, that all this shall be fixed by a convention so solemn as that his successor shall not be free to infringe it; that is to say, that he will concur in a declaration of rights. Nothing is said, however, of the States sharing in the legislation, but they will surely be passed. They have given to the Tiers Etat a representation in the States equal to both the other orders, and it is probably they will form but one house and vote by persons; but that is not decided. Be so good as to present me affectionately to Mrs. Adams, and to be assured yourself, of the sincere esteem of, dear Sir, your friend and servant.

TO MADAME NECKAR

Paris, January 24, 1789.

I have received, Madam, with a great deal of sensibility, the letter of the 22d instant, with which you were pleased to honor me, on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congress, consisting of many persons, can only speak by the organ of their records. If they have any engagements, they are to be found there. If not found there, they can never have existed. I proceeded to this examination, with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, everything I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Klein's case.

Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask command), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commissions to command them. I suppose that Messrs. Klein, Fearer and Kleinsmit (named in the resolution of Congress of 1788, and whom, from their names, I conjecture to be Germans), offered to enlist a body of men from among the German prisoners taken with General Burgoyne at Saratoga, on condition that Fearer and Kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-four men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779 (and not in July, 1780, as Monsieur Klein says), by informing him they had no farther use for his services, and giving him a year's pay and subsistence to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistence for the ten months he was trying to enlist men, and the donation of a year's pay and subsistence; and it is not probable he would wait three years and a half to receive these. I suppose he has staid in hopes of finding some other opening for employment. If these articles of pay and subsistence have not been paid to him, he has the certificates of the paymaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and, in that case, I will undertake to represent his claim to our government, and will answer for their justice.

It would be easy to correct several inaccuracies in the letter of Monsieur Klein, such as that Congress engaged to give him a regiment; that he paid the recruiting money out of his own pocket; that his soldiers had nothing but bread and water; that Congress had promised him they would pay his soldiers in specie, &c.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein's object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances, are the only ground he has whereon to raise a claim to reception. He has, therefore, tried to make the most of them. Few think there is any immorality in scandalizing governments or ministers; and M. Klein's distresses render this resource more innocent in him than it is in most others.

Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your known goodness and benevolence. On the contrary, the weaker his claim elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratification, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due for all the good you have done, and all you are perpetually endeavoring to do. Accept then, Madam, I pray you, this homage from one whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect with which he has the honor to be, Madam, your most obedient, and most humble servant.

TO MR. JAY

Paris, February 4, 1789.

Sir,—Your favor of November the 25th, by Gouverneur Morris, is duly received. I must beg you to take the trouble of deciphering yourself what follows, and to communicate it to nobody but the President, at least for the present.

We had before understood, through different channels, that the conduct of the Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de La Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represented through the same medium to the Count de Montmorin, that recent information proved to us, that his minister's conduct had rendered him personally odious in America, and might even influence the dispositions of the two nations; that his recall was become a matter of mutual concern; that we had understood he was instructed to remind the new government of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that this could not increase their desire of hastening payment, and might wound their affections; that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature; nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business; that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further consideration. They were these: that there was a loose expression in one of de Moustier's letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de La Luzerne, that Otto should go to him to London; that they would send a person to America as chargé des affaires in place of Otto, and that if the President (General Washington) approved of him, he should be afterwards made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to consult me whether he would be agreeable. At first I hesitated, recollecting to have heard Ternant represented in America as an hypochondriac, discontented man, and paused for a moment between him and Barthelemy, at London, of whom I have heard a great deal of good. However, I concluded it safer to take one whom we knew, and who knew us. The Marquis was decidedly of this opinion. Ternant will see that his predecessor is recalled for unconciliatory deportment, and that he will owe his own promotion to the approbation of the President. He established a solid reputation in Europe, by his conduct when Generalissimo of one of the United Provinces, during their late disturbances; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upon the whole, I believe you may expect that the Count de Moustier will have an immediate leave of absence, which will soon after become a recall in effect. I will try, also, to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter within a few days. I have now that of assuring you of the sentiment of sincere esteem and respect, with which I am, dear Sir, your most obedient, and most humble servant.

TO WILLIAM SHORT

Paris, February 9, 1789.

Dear Sir,—I wrote you last on the 22d of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new Constitution were going on well. Federal senators are; New Hampshire, President Langdon and Bartlett. Massachusetts, Strong and Dalton. Connecticut, Dr. Johnson and Ellsworth. New Jersey, Patterson and Ellmer. Pennsylvania, Robert Morris and McClay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll of Carrolton, and John Henry. All of these are federalists except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representatives. General Washington will be President, and probably Mr. Adams Vice President. So that the Constitution will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York to have another convention to make amendments, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendments to the Assemblies, as even the friends of the Constitution are willing to make amendments; some from a conviction they are necessary, others, from a spirit of conciliation. The addition of a bill of rights, will, probably, be the most essential change. A vast majority of anti-federalists have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modelled the districts for representatives, as to tack Orange to counties where himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, and not the Senate. Henry pronounced a philippic against Madison in open Assembly, Madison being then at Philadelphia. Mifflin is President of Pennsylvania, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure,) Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, &c. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington. Mayo's bridge, at Richmond, was completed, and carried away in a few weeks. While up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, a vast tract of land on the western side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan's grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneur Morris has just arrived here; deputed, as is supposed, to settle Robert Morris' affairs, which continue still deranged. Doctor Franklin was well when he left America, which was about the middle of December.

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I send Mr. Rutledge two letters by the post. Be so good as to present him my esteem, and to be assured yourself of the sincere esteem and attachment with which I am, and shall ever be, dear Sir, your affectionate friend and servant.

TO M. DE VILLEDEUIL

Paris, February 10, 1789.

Sir,—I take the liberty of troubling your Excellency with the following case, which I understand to be within your department. Mr. Jay, Secretary for Foreign Affairs to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that character. He has delivered them safely; but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L'Orient during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptcy, and he returned to America, without the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay's demand for a courier, to come under the safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling and arranging with them. He thinks a twelve-month will be necessary for this. Understanding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your Excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissible, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupations in which you are engaged will admit, in order that he may know whether he may see his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those sentiments of attachment and respect, with which I have the honor to be, your Excellency's most obedient, and most humble servant.

TO MR. SHORT

Paris, February 28, 1789.

Dear Sir,—I wrote you last on the 9th instant. Yours of the 11th, came to hand yesterday evening. Some of its enquiries will have already been answered to you. We have no information from America down to the middle of January. Things were going on so well that our letters afford nothing interesting scarcely. The opposition to the new Constitution grows feebler. Everywhere the elections are federal. In New York they had not yet been able to agree in the choice of senators, nor even in the manner of choosing. The new government begins on Wednesday next. Its friends consent to some changes, and particularly to the annexation of a declaration of rights. This will probably be proposed by Congress to the several assemblies, and thus a new convention be avoided. The Virginia Assembly met October 23. They choose for their speaker, Thomas Mathews, (who is this?) They are furiously anti-federal. They have passed a bill rendering every person holding any federal office incapable of holding at the same time any State office. This is a declaration of war against the new Constitution. Mr. Adams is generally expected to be the Vice-President. Hancock is his only competitor. Others are sometimes talked of, but not with their own consent. I see in a Virginia paper of last summer, that George Nicholas advertised his departure to settle in Kentucky this present month of February. Great numbers of American vessels are now arriving in the ports of France with flour and wheat, in consequence of the demand of this country and of the bounty it gives. I have received a letter from Ladian, dated Grand Cairo, September 10. He was just then about to plunge into the terræ incognitæ of Africa. This morning, I received one from Admiral Paul Jones, dated St. Petersburg, January 30, he was just arrived there at the desire of the Empress. He has commanded hitherto on the Black Sea, but does not know whether the Empress destines him to return there or to take any other command.