The Writings of Thomas Jefferson, Vol. 1 (of 9)

June 24. The weather becomes worse. One of the fore shrouds and the foremast carried away.

June 25. Shifted their ballast which threw them on their beam ends, and shipped a very heavy sea. Held a consultation, the result of which was, that seeing they were now driven so far to sea, and the weather continuing still very bad, it was better to steer for Liverpool, their port of destination, though they had not their cargo on board, and no other clearance but that which they took from Baltimore.

June 29. The first observation they had been able to take N. lat. 38° 13´.

June 30. Winds begin to be light, but the sea still very heavy.

July 5. Light winds and a smooth sea for the first time, in lat. 43° 12´.

July 9. Spoke a French brig, Comte d'Artois, Captain Mieaux, from St. Maloes, in distress for provisions. Relieved her with three barrels of flour.

Aug. 6. Thick weather and a strong wind. Made the Lands' End of England.

Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and came to with both anchors. Drove, notwithstanding, and obliged to get up the anchors, and put to sea, running southwardly.

Aug. 8. Made the land of France, but did not know what part.

Here the logbook ends. At this time they had on board but ten gallons of water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and all their materials for mending them exhausted by the constant repairs which the violence of the weather had called for. They therefore took a pilot aboard, who carried them into Pont Duval; but being informed by the captain of a vessel there that the schooner was too sharp built (as the American vessels mostly are) to lie in that port, they put out immediately, and the next morning the pilot brought them to anchor in the road of the Isle de Bas. Asquith went immediately to Roscaff, protested at the admiralty the true state of his case, and reported his vessel and cargo at the custom-house. In making the report of his vessel, he stated her as of twenty-one tons, according to his register. The officer informed him that if she was no larger, she would be confiscated by an edict, which forbids all vessels under thirty tons to approach the coast. He told the officer what was the real truth as to his register and his bill of sale, and was permitted to report her according to the latter. He paid the usual fees of ten livres and seven sols, and obtained a clearance. Notwithstanding this, he was soon visited by other persons whom he supposes to have been commis of the Fermes, who seized his vessel, carried her to the pier, and confined the crew to the vessel and half the pier, putting sentinels over them. They brought a guager, who measured only her hold and part of her steerage, allowing nothing for the cockpit, cabin, forecastle, and above one-half of the steerage, which is almost half the vessel, and thus made her contents (if that had been of any importance) much below the truth. The tobacco was weighed, and found to be six thousand four hundred and eighty-seven pounds,116 which was sent on the 18th to Landivisian, and on the 19th they were committed to close prison at St. Pol de Leon, where they have been confined ever since. They had, when they first landed, some money, of which they were soon disembarrassed by different persons, who, in various forms, undertook to serve them. Unable to speak or understand a word of the language of the country, friendless, and left without money, they have languished three months in a loathsome jail, without any other sustenance, a great part of the time, than what could be procured for three sous a day, which have been furnished them to prevent their perishing.

They have been made to understand that a criminal process is going on against them under two heads. 1. As having sold tobacco in contraband; and 2, as having entered a port of France in a vessel of less than thirty tons burthen. In support of the first charge, they understand that the circumstance is relied on, of their having been seen off the coast by the employés des Fermes one or two days. They acknowledge they may have been so seen while beating off Pont Duval till they could get a pilot while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this have been explained. They further add, that all the time they were at Pont Duval they had a King's officer on board, from whom, as well as from their pilot and the captain, by whose advice they left that port for the Isle de Bas, information can be obtained by their accusers (who are not imprisoned), of the true motives for that measure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a suspicion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as is always necessary, and is always done, to fill up the stowage, and to consolidate and keep the whole mass firm, and in place. The loose tobacco which had come out of the broken hogshead, they repacked in bags; but in the course of the distress of their disastrous voyage, they had employed these bags, as they had done everything else of the same nature, in mending their sails. The condition of their sails, when they came into port, will prove this, and they were seen by witnesses enough, to whom their accusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact which, had it taken place, might have been proved; but they deny that it has been proved, or ever can be proved by true men, because it never existed. And they hope the justice of this country does not permit strangers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibility of a fact, without any proof. More especially when, as in the present case, a demonstration to the contrary is furnished by their clearance, which shows they never had more than eight hogsheads of tobacco on board, of which one had been put ashore at Hampton in Virginia, as has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast offered a much fairer field, because the gain there is as great; because they understand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circumstances are so important to smugglers, that it is believed no instance has ever occurred of the contraband of tobacco, attempted on this side the channel by a crew wholly American. Be this as it may, they are not of that description of men.

As to the second charge, that they have entered a port of France in a vessel of less than thirty tons burthen, they, in the first place, observe that they saw the guager measure the vessel, and affirm that his method of measuring could render little more than half her true contents; but they say, further, that were she below the size of thirty tons, and, when entering the port, had they known of the alternative of either forfeiting their vessel and cargo, or of perishing at sea, they must still have entered the port: the loss of their vessel and cargo being the lesser evil. But the character of the lawgiver assures them, that the intention of his laws are perverted when misapplied to persons who, under their circumstances, take refuge in his ports. They have no occasion to recur from his clemency to his justice, by claiming the benefit of that article in the treaty which binds the two nations together, and which assures to the fugitives of either from the dangers of the sea, a hospitable reception and necessary aids in the ports of the other, and that without measuring the size of their vessel.

Upon the whole, they protest themselves to have been as innocent as they have been unfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no circumstance anything but proofs of guilt. They have already long suffered, and are still suffering, whatever scanty sustenance an inclement season and close confinement can offer most distressing to men who have been used to neither, and who have wives and children at home participating of their distresses; they are utterly ignorant of the laws and language of the country where they are suffering; they are deprived of that property which would have enabled them to procure counsel to place their injuries in a true light; they are distant from the stations of those who are appointed by their country to patronize their rights; they are not at liberty to go to them, nor able to have communication through any other than the uncertain medium of the posts; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energies may be interposed in aid of their poverty and ignorance, to restore them to their liberty, and to extend to them that retribution which the laws of every country mean to extend to those who suffer unjustly.

TO JOHN ADAMS

Paris, November 19, 1785.

Dear Sir,—I wrote to you, on the 11th of October, by Mr. Preston, and again on the 18th of the same month, by post. Since that, yours of September the 25th, by Mr. Boylston, of October the 24th, November the 1st, and November the 4th, have come safe to hand. I will take up their several subjects in order. Boylston's object was, first, to dispose of a cargo of spermaceti oil, which he brought to Havre. A secondary one, was to obtain a contract for future supplies. I carried him to the Marquis de La Fayette. As to his first object, we are in hopes of getting the duties taken off, which will enable him to sell his cargo. This has led to discussions with the ministers, which give us a hope that we may get the duties taken off in perpetuum. This done, a most abundant market for our oil will be opened by this country, and one which will be absolutely dependent on us; for they have little expectation themselves of establishing a successful whale fishery. It is possible they may only take the duties off of those oils, which shall be the produce of associated companies of French and American merchants. But, as yet, nothing certain can be said.

I thank you for the trouble you have taken to obtain insurance on Houdon's life. I place the thirty-two pounds and eleven shillings to your credit, and not being able, as yet, to determine precisely how our account stands, I send a sum by Colonel Smith, which may draw the scales towards a balance.

The determination of the British cabinet to make no equal treaty with us, confirms me in the opinion expressed in your letter of October the 24th, that the United States must pass a navigation act against Great Britain, and load her manufactures with duties, so as to give a preference to those of other countries; and I hope our Assemblies will wait no longer, but transfer such a power to Congress, at the sessions of this fall. I suppose, however, it will only be against Great Britain, and I think it will be right not to involve other nations in the consequences of her injustice. I take for granted, that the commercial system, wished for by Congress, was such a one as should leave commerce on the freest footing possible. This was the plan on which we prepared our general draught for treating with all nations. Of those with whom we were to treat, I ever considered England, France, Spain, and Portugal as capitally important; the first two, on account of their American possessions, the last, for their European as well as American. Spain is treating in America, and probably will give an advantageous treaty. Portugal shows dispositions to do the same. France does not treat. It is likely enough she will choose to keep the staff in her own hands. But, in the meantime, she gives us an access to her West Indies, which, though not all we wish, is yet extremely valuable to us; this access, indeed, is much affected by the late Arrets of the 18th and 25th of September, which I enclose to you. I consider these as a reprisal for the navigation acts of Massachusetts and New Hampshire. The minister has complained to me, officially, of these acts, as a departure from the reciprocity stipulated for by the treaty. I have assured him that his complaints shall be communicated to Congress, and, in the meantime, observed that the example of discriminating between foreigners and natives had been set by the Arret of August, 1784, and still more remarkably by those of September the 18th and 25th, which, in effect, are a prohibition of our fish in their islands. However, it is better for us that both sides should revise what they have done. I am in hopes this country did not mean these as permanent regulations. Mr. Bingham, lately from Holland, tells me that the Dutch are much dissatisfied with these acts. In fact, I expect the European nations in general, will rise up against an attempt of this kind, and wage a general commercial war against us. They can do well without all our commodities, except tobacco, and we cannot find elsewhere markets for them. The selfishness of England alone will not justify our hazarding a contest of this kind against all Europe. Spain, Portugal, and France, have not yet shut their doors against us; it will be time enough when they do to take up the commercial hatchet. I hope, therefore, those States will repeal their navigation clauses, except as against Great Britain and other nations not treating with us.

I have made the inquiries you desire as to American ship-timber for this country. You know they sent some person (whose name was not told us) to America, to examine the quality of our masts, spars, &c. I think this was young Chaumont's business. They have, besides this, instructed the officer who superintends their supplies of masts, spars, &c., to procure good quantities from our northern States; but I think they have made no contract; on the contrary, that they await the trials projected, but with a determination to look to us for considerable supplies, if they find our timber answer. They have on the carpet a contract for live oak from the southern States.

You ask why the Virginian merchants do not learn to sort their own tobaccos? They can sort them as well as any other merchants whatever. Nothing is better known than the quality of every hogshead of tobacco, from the place of its growth. They know, too, the particular qualities required in every market. They do not send their tobaccos, therefore, to London to be sorted, but to pay their debts; and though they could send them to other markets, and remit the money to London, yet they find it necessary to give their English merchant the benefit of the consignment of their tobacco (which is enormously gainful), in order to induce him to continue his indulgence for the balance due.

Is it impossible to persuade our countrymen to make peace with the Nova Scotians? I am persuaded nothing is wanting but advances on our part; and that it is in our power to draw off the greatest proportion of that settlement, and thus to free ourselves from rivals who may become of consequence. We are at present co-operating with Great Britain, whose policy it is to give aliment to that bitter enmity between her States and ours, which may secure her against their ever joining us. But would not the existence of a cordial friendship between us and them, be the best bridle we could possibly put into the mouth of England?

With respect to the Danish business, you will observe that the instructions of Congress, article 3, of October the 29th, 1783, put it entirely into the hands of the Ministers Plenipotentiary of the United States of America at the court of Versailles, empowered to negotiate a peace, or to any one or more of them. At that time, I did not come under this description. I had received the permission of Congress to decline coming in the spring preceding that date. On the first day of November, 1783, that is to say, two days after the date of the instructions to the commissioners, Congress recommended John Paul Jones to the Minister Plenipotentiary of the United States at Versailles as agent, to solicit, under his direction, the payment of all prizes taken in Europe, under his command. But the object under their view, at that time, was assuredly the money due from the court of Versailles, for the prizes taken in the expedition by the Bon homme Richard, the Alliance, &c. In this business, I have aided him effectually, having obtained a definitive order for paying the money to him, and a considerable proportion being actually paid him. But they could not mean by their resolution of November the 1st, to take from the commissioners powers which they had given them two days before. If there could remain a doubt that this whole power has resulted to you, it would be cleared up by the instructions of May the 7th, 1784, article 9, which declare, "that these instructions be considered as supplementary to those of October the 29th, 1783, and not as revoking, except where they contradict them;" which shows that they considered the instructions of October the 29th, 1783, as still in full force. I do not give you the trouble of this discussion, to save myself the trouble of the negotiation. I should have no objections to this part; but it is to avoid the impropriety of meddling in a matter wherein I am unauthorized to act, and where anything I should pretend to conclude with the court of Denmark might have the appearance of a deception on them. Should it be in my power to render any service in it, I shall do it with cheerfulness; but I repeat, that I think you are the only person authorized.

I received, a few days ago, the Nuova minuta of Tuscany, which Colonel Humphreys will deliver you. I have been so engaged, that I have not been able to go over it with any attention. I observe, in general, that the order of the articles is entirely deranged, and their diction almost totally changed. When you shall have examined it, if you will be so good as to send me your observations by post, in cypher, I will communicate with you in the same way, and try to mature this matter.

The deaths of the Dukes of Orleans and Praslin will probably reach you through the channel of the public papers, before this letter does. Your friends the Abbés are well, and always speak of you with affection. Colonel Humphreys comes to pass some time in London. My curiosity would render a short trip thither agreeable to me also, but I see no probability of taking it. I will trouble you with my respects to Dr. Price. Those to Mrs. Adams, I witness in a letter to herself.

I am, with very great esteem, dear Sir, your most obedient, and most humble servant.

TO THE COUNT DE VERGENNES

Paris, November 20, 1785.

Sir,—I found here, on my return from Fontainebleau, the letter of October the 30th, which your Excellency did me the honor there, of informing me had been addressed to me at this place; and I shall avail myself of the first occasion of transmitting it to Congress, who will receive, with great pleasure, these new assurances of the friendly sentiments which his Majesty is pleased to continue towards the United States.

I am equally persuaded they will pay the most serious attention to that part of your Excellency's letter, which mentions the information you have received of certain acts or regulations of navigation and commerce, passed in some of the United States, which are injurious to the commerce of France. In the meantime, I wish to remove the unfavorable impressions which those acts seem to have made, as if they were a departure from the reciprocity of conduct, stipulated for by the treaty of February the 6th, 1776. The effect of that treaty is, to place each party with the other always on the footing of the most favored nation. But those, who framed the acts, probably did not consider the treaty as restraining either from discriminating between foreigners and natives. Yet this is the sole effect of these acts. The same opinion as to the meaning of the treaty seems to have been entertained by this government, both before and since the date of these acts. For the Arret of the King's Council, of August the 30th, 1784, furnished an example of such a discrimination between foreigners and natives, importing salted fish into his Majesty's dominions in the West Indies; by laying a duty on that imported by foreigners, and giving out the same, in bounty, to native importers. This opinion shows itself more remarkably in the late Arrets of the 18th and 25th of September, which, increasing to excess the duty on foreign importations of fish into the West Indies, giving the double, in bounty, on those of natives, and thereby rendering it impossible for the former to sell in competition with the latter, have, in effect, prohibited the importation of that article by the citizens of the United States.

Both nations, perhaps, may come into the opinion, that their friendship and their interests may be better cemented, by approaching the condition of their citizens, reciprocally, to that of natives, as a better ground of intercourse than that of the most favored nation. I shall rest with hopes of being authorized, in due time, to inform your Excellency that nothing will be wanting, on our part, to evince a disposition to concur in revising whatever regulations may, on either side, bear hard on the commerce of the other nation. In the meantime, I have the honor to assure you of the profound respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant.

TO JOHN ADAMS

Paris, November 27, 1785.

Dear Sir,—Your favor of the 5th came to hand yesterday, and Colonel Smith, and Colonel Humphreys (by whom you will receive one of the 19th, from me) being to set out to-morrow, I hasten to answer it. I sincerely rejoice that Portugal is stepping forward in the business of treaty, and that there is a probability that we may at length do something under our commissions, which may produce a solid benefit to our constituents. I as much rejoice, that it is not to be negotiated through the medium of the torpid, uninformed machine, at first made use of. I conjecture, from your relation of the conference with the Chevalier de Pinto, that he is well informed and sensible. So much the better. It is one of those cases, where the better the interest of the two parties are understood, the broader will be the basis on which they will connect them.

To the very judicious observations on the subjects of the conference, which were made by you, I have little to add.

Flour. It may be observed, that we can sell them the flour ready manufactured for much less than the wheat of which it is made. In carrying to them wheat, we carry also the bran, which does not pay its own freight. In attempting to save and transport wheat to them, much is lost by the weavil, and much spoiled by heat in the hold of the vessel. This loss must be laid on the wheat which gets safe to market, where it is paid for by the consumer. Now, this is much more than the cost of manufacturing it with us, which would prevent that loss. I suppose the cost of manufacturing does not exceed seven per cent. on the value. But the loss by the weavil, and other damage on shipboard, amount to much more. Let them buy of us as much wheat as will make a hundred weight of flour. They will find that they have paid more for the wheat than we should have asked for the flour, besides having lost the labor of their mills in grinding it. The obliging us, therefore, to carry it to them in the form of wheat, is a useless loss to both parties.

Iron. They will get none from us. We cannot make it in competition with Sweden, or any other nation of Europe, where labor is so much cheaper.

Wines. The strength of the wines of Portugal will give them always an almost exclusive possession of a country, where the summers are so hot as in America. The present demand will be very great, if they will enable us to pay for them; but if they consider the extent and rapid population of the United States, they must see that the time is not distant, when they will not be able to make enough for us, and that it is of great importance to avail themselves of the prejudices already established in favor of their wines, and to continue them by facilitating the purchase. Let them do this, and they need not care for the decline of their use in England. They will be independent of that country.