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

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

Thomas Jefferson

The Writings of Thomas Jefferson, Volume II (of 9) / Being His Autobiography, Correspondence, Reports, Messages, / Addresses, and Other Writings, Official and Private

TO THE COMMISSIONERS OF THE TREASURY

    Paris, August 12, 1786.

Gentlemen,—Your favor of May the 9th, came to hand on the 25th of June, I immediately communicated to the foreign officers the inability of the treasury at that moment to provide payment of the interest due them, with assurances of your attention to them on the first possible moment. I communicated to Commodore Jones also your order for the balance in his hands. As he was entitled to a part of the money he had received, and it was reasonable to suppose he must have been living here on that resource, so that he could not be expected to pay the whole sum received, I desired him to state his account against that fund as he thought just himself, to pay me the balance on account, reserving to you a full right to discuss the propriety of his charges, and to allow or disallow them as you pleased, so that nothing that passed between us, should either strengthen or weaken his claims. He accordingly rendered me the account which I now enclose, balance 112, 172l. 2-4. He desired me at the same time to forward to you the papers, No. 1-12, which will show the objections and difficulties he had to encounter, and which could have been obviated by nobody else. There certainly was no other person whose knowledge of the transactions so well qualified them to negotiate this business, and I do suppose that this fund would have lost some of its capital articles in any other hands. This circumstance, with the real value of this officer, will, I doubt not, have their just influence in settling his claims. There is no doubt but that he has actually expended the money charged to have been expended. Without this supply, Mr. Grand would have been in advance for the United States, according to a rough estimate which I made, 42, 281l. 61s., besides 24, 437l. 11s., which, on the failure of the federal funds here, and being apprised of Mr. Grand's advances, I had ventured to order him to take from a sum of money lodged in his hands for the State of Virginia for the purchase of arms. This liberty was taken in order that he might honor the draughts of Mr. Carmichael and Mr. Dumas, pay certain foreign officers who had not yet been paid pari passu with their brother officers, and answer my demand also. These two sums amounting to 66, 719l. 7s., were first to be replaced, and left a balance of 45, 452l. 15, 8s. Though you had proposed to leave this in my hands for the calls of diplomatic establishments in Europe, I ventured to have it paid with the residue of the mass into Mr. Grand's hands, to avoid giving him umbrage and lessening his dispositions to advance hereafter, and also because it would have been very insecure in my house which stands on the outline of the city, separated from all others by a considerable interval, and therefore exposed to robbery. The insurance in this situation would have been worth much more than Mr. Grand's commission on it. From this detail, you will perceive that there remains on hand about enough to answer the demands of the diplomatic establishments in France, Spain, England and Holland for a quarter of a year from this date, which I have instructed Mr. Grand to apply solely to that purpose.

Commodore Jones will set out shortly for Copenhagen to settle the demand against that Court, which done, he will return to America to close the matters which have been confided to him.

I have the honor to be, with the highest esteem and respect, gentlemen, your most obedient, and most humble servant.

TO MR. HAWKINS

    Paris, August 13, 1786.

Dear Sir,—Your favor of June the 14th, is come to hand, and I am to thank you for your attention to my queries on the subject of the Indians. I have sent many copies to other correspondents, but as yet have heard nothing from them. I shall proceed, however, in my endeavors, particularly with respect to their language, and shall take care so to dispose of what I collect thereon, as that it shall not be lost. The attention which you pay to their rights, also, does you great honor, as the want of that is a principal source of dishonor to the American character. The two principles on which our conduct towards the Indians should be founded, are justice and fear. After the injuries we have done them, they cannot love us, which leaves us no alternative but that of fear to keep them from attacking us. But justice is what we should never lose sight of, and in time it may recover their esteem. Your attention to one burthen I laid on you, encourages me to remind you of another, which is the sending me some of the seeds of the Dionæa Muscipula, or Venus fly-trap, called also with you, I believe, the Sensitive Plant. This can come folded in a letter. Europe is in a profound calm. The Venetians, Russians and Austrians, indeed, are pecking at the Turks, but I suppose it is only to keep alive pretensions which may authorize the commencement of hostilities when it shall suit them. Whether this will be immediately on the death of the King of Prussia, or some time after, cannot be said. That event may be daily expected. It seems as if this Court did not fear a land war, and they are possessed of the best materials of judging. My reason for thinking they do not expect a disturbance of their tranquillity on this Continent is, that their whole attention is bestowed on marine preparations. Their navy is growing, and the practicability of building a seaport is no longer problematical. Cherbourg will certainly be completed; it will be one of the safest and most commodious ports in the world, and will contain the whole navy of France. It will have the advantage over the English ports on the opposite shore, because they leave two openings, which will admit vessels to come in or go out with any wind. This port will enable them in case of a war with England, to invade that country, or to annihilate its commerce, and of course its marine. Probably, too, it will oblige them to keep a standing army of considerable magnitude. We are tolerably certain of establishing peace with the Emperor of Morocco, but Algiers, Tunis and Tripoli will still be hostile. Morocco, however, lying on the Atlantic, was the most important. The Algerines rarely come far into that, and Tunis and Tripoli never. We must consider the Mediterranean as absolutely shut to us till we can open it with money. Whether this will be best expended in buying or forcing a peace is for Congress to determine. I shall be glad often to hear from you, and am, with much esteem, dear Sir, your friend and servant.

TO MR. JAY

    Paris, August 13, 1786.

Sir,—The enclosed letter from Mr. Barclay, and one from Mr. Carmichael, of which I send you extracts, are come to hand this morning, which is in time for them to go by the same gentleman who carries my letter of the 11th. I observe what Mr. Carmichael says on the subject of the Portuguese treaty, and am sorry it meets with difficulties. I doubt, however, whether he ascribes them to their true cause, when he supposes they are occasioned by M. del Pinto's being of a party opposed to that of their minister at Madrid. The cause is not proportioned to the effect. The treaty between France and England has lately been thought to have become stationary. This is conjectured from the rigor of the custom-houses, much increased by late orders, as also from some other circumstances. The overtures between England and Portugal are animated in proportion, and in the same degree, I suspect that the latter lessens her care about us. If her wines were to become superfluous at the English market, she wished and hoped to find a great one with us open, to receive them. M. del Pinto's courier, which carried the treaty to Falmouth, arrived a few hours too late for the Lisbon packet-boat. This lost a month in the conveyance, and that month, by producing new prospects, has been critical. There is not a want of probability that del Pinto himself will succeed the deceased minister in Portugal. This would be favorable to our treaty, and fortunate for us in proportion to the value of a connection with that nation. He is sensible, candid, and has just ideas as to us, and favorable dispositions toward us. I expect that Mr. Adams is at this moment at the Hague, as he intended there to take leave of that Court, and, at the same time, to exchange the ratification of the Prussian treaty. But I send on to London copies of the enclosed, in hopes he will speedily be returned there. I shall propose to him that we consider whether the conduct of the Dey of Algiers leaves any hope that any negotiator whatever could obtain his peace without a prodigious addition to the price we had thought of? If we conclude on the negative, still it will remain to decide whether the expense of Mr. Barclay's going there may not be compensated by additional information, by the possibility that he might find their ultimatum, and the advantage of relieving the mind of Congress from all suspense by possessing them of this ultimatum. The peace of Spain, too, being concluded, it is to be seen whether their interference can weigh as money. It has done so at Morocco. But Algiers is a fiercer power.

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

TO MR. WYTHE

    Paris, August 13, 1786.

Dear Sir.—Your favors of January the 10th and February the 10th, came to hand on the 20th and 23d of May. I availed myself of the first opportunity which occurred, by a gentleman going to England, of sending to Mr. Joddrel a copy of the Notes on our country, with a line informing him, that it was you who had emboldened me to take that liberty. Madison, no doubt, informed you of the reason why I had sent only a single copy to Virginia. Being assured by him, that they will not do the harm I had apprehended, but on the contrary, may do some good, I propose to send thither the copies remaining on hand, which are fewer than I had intended. But, of the numerous corrections they need, there are one or two so essential, that I must have them made, by printing a few new leaves, and substituting them for the old. This will be done while they are engraving a map which I have constructed, of the country from Albemarle sound to Lake Erie, and which will be inserted in the book. A bad French translation which is getting out here, will probably oblige me to publish the original more freely; which it did not deserve, nor did I intend. Your wishes, which are laws to me, will justify my destining a copy for you, otherwise I should as soon have thought of sending you a horn-book; for there is no truth in it which is not familiar to you, and its errors I should hardly have proposed to treat you with.

Immediately on the receipt of your letter, I wrote to a correspondent at Florence to inquire after the family of Tagliaferro, as you desired. I received his answer two days ago, a copy of which I now enclose. The original shall be sent by some other occasion. I will have the copper-plate immediately engraved. This may be ready within a few days, but the probability is, that I shall be long getting an opportunity of sending it to you, as these rarely occur. You do not mention the size of the plate, but presuming it is intended for labels for the inside of books, I shall have it made of a proper size for that. I shall omit the word agisos, according to the license you allow me, because I think the beauty of a motto is, to condense such matter in as few words as possible. The word omitted will be supplied by every reader.

The European papers have announced, that the Assembly of Virginia were occupied on the revisal of their code of laws. This, with some other similar intelligence, has contributed much to convince the people of Europe, that what the English papers are constantly publishing of our anarchy, is false; as they are sensible that such a work is that of a people only, who are in perfect tranquillity. Our act for freedom of religion is extremely applauded. The ambassadors and ministers of the several nations of Europe, resident at this court, have asked of me copies of it, to send to their sovereigns, and it is inserted at full length in several books now in the press; among others, in the new Encyclopedie. I think it will produce considerable good even in these countries, where ignorance, superstition, poverty, and oppression of body and mind, in every form, are so firmly settled on the mass of the people, that their redemption from them can never be hoped. If all the sovereigns of Europe were to set themselves to work, to emancipate the minds of their subjects from their present ignorance and prejudices, and that, as zealously as they now endeavor the contrary, a thousand years would not place them on that high ground, on which our common people are now setting out. Ours could not have been so fairly placed under the control of the common sense of the people, had they not been separated from their parent stock, and kept from contamination, either from them, or the other people of the old world, by the intervention of so wide an ocean. To know the worth of this, one must see the want of it here. I think by far the most important bill in our whole code, is that for the diffusion of knowledge among the people. No other sure foundation can be devised, for the preservation of freedom and happiness. If anybody thinks that kings, nobles, or priests are good conservators of the public happiness, send him here. It is the best school in the universe to cure him of that folly. He will see here, with his own eyes, that these descriptions of men are an abandoned confederacy against the happiness of the mass of the people. The omnipotence of their effect cannot be better proved, than in this country particularly, where, notwithstanding the finest soil upon earth, the finest climate under heaven, and a people of the most benevolent, the most gay and amiable character of which the human form is susceptible; where such a people, I say, surrounded by so many blessings from nature, are loaded with misery, by kings, nobles, and priests, and by them alone. Preach, my dear Sir, a crusade against ignorance; establish and improve the law for educating the common people. Let our countrymen know, that the people alone can protect us against these evils, and that the tax which will be paid for this purpose, is not more than the thousandth part of what will be paid to kings, priests and nobles, who will rise up among us if we leave the people in ignorance. The people of England, I think, are less oppressed than here. But it needs but half an eye to see, when among them, that the foundation is laid in their dispositions for the establishment of a despotism. Nobility, wealth, and pomp, are the objects of their admiration. They are by no means the free-minded people we suppose them in America. Their learned men, too, are few in number, and are less learned, and infinitely less emancipated from prejudice, than those of this country. An event, too, seems to be preparing, in the order of things, which will probably decide the fate of that country. It is no longer doubtful, that the harbor of Cherbourg will be complete, that it will be a most excellent one, and capacious enough to hold the whole navy of France. Nothing has ever been wanting to enable this country to invade that, but a naval force conveniently stationed to protect the transports. This change of situation must oblige the English to keep up a great standing army, and there is no King, who, with sufficient force, is not always ready to make himself absolute. My paper warns me it is time to recommend myself to the friendly recollection of Mrs. Wythe, of Colonel Tagliaferro and his family, and particularly of Mr. R. T.; and to assure you of the affectionate esteem with which I am, dear Sir, your friend and servant.

TO DR. FRANKLIN

    Paris, August 14, 1786.

Dear Sir,—I received your favor of March 20th, and much satisfaction from it. I had been alarmed with the general cry that our commerce was in distress, and feared it might be for the want of markets. But the high price of commodities shows that markets are not wanting. Is it not yet possible, however, that these high prices may proceed from the smallness of the quantity made, and that from the want of laborers? It would really seem as if we did not make produce enough for home consumption, and, of course, had none superfluous to exchange for foreign articles. The price of wheat, for instance, shows it is not exported, because it could not, at such a price, enter into competition at a foreign market with the wheat of any other nation.

I send you some packets which have been put into my hands to be forwarded to you. I cannot send your Encyclopedie by the same conveyance, because it is by the way of England. Nothing worth reading has come from the press, I think, since you left us. There are one or two things to be published soon, which being on the subject of America, may be grateful to you, and shall be sent.

Europe enjoys a perfect repose at present. Venice and the two empires seem to be pecking at the Turks, but only in such a degree as may keep alive certain pretensions for commencing war when they shall see the occasion fit. Whether this will be immediately on the death of the King of Prussia remains to be seen. That event must happen soon. By the little attention paid by this country to their land army, it would seem as if they did not apprehend a war on that element. But to the increase and arrangement of their navy, they are very attentive. There is no longer a doubt but that the harbor of Cherbourg will be completed, will be a most excellent one, and capable of containing the whole navy of France. By having two outlets, vessels may enter and sally with every wind, while in the opposite ports of England particular winds are necessary. Our peace with Morocco is probably signed by this time. We are indebted for it to the court of Spain. Algiers, Tunis and Tripoli, will continue hostile according to present appearances.

Your friends here, within the circle of my acquaintance, are well, and often enquire after you. No interesting change that I recollect has taken place among them. Houdon has just received the block of marble for General Washington's statue. He is married since his return. Trumbul, our young American painter, is come here to have his Death of Montgomery and Battle of Bunker's Hill engraved. I will beg leave to place here my friendly respects to young Mr. Franklin, and assurances of the esteem and regard with which I have the honor to be, dear Sir, your most obedient, and most humble servant.

TO COLONEL HUMPHREYS

    Paris, August 14, 1786.

Dear Sir,—I wrote you on the 7th of May, being immediately on my return from England, and have lately received your favor of June 5th, and thank you for the intelligence it contains. Every circumstance we hear induces us to believe that it is the want of will, rather than of ability, to furnish contributions which keeps the public treasury so poor. The Algerines will probably do us the favor to produce a sense of the necessity of a public treasury and a public force on that element where it can never be dangerous. They refused even to speak on the subject of peace. That with Morocco I expect is signed before this time; for which we are much indebted to Spain.

Your friend, Mr. Trumbul, is here at present. He brought his Bunker's Hill and Death of Montgomery to have them engraved here. He was yesterday to see the King's collection of painting at Versailles, and confesses it surpasses everything of which he even had an idea. I persuaded him to stay and study here, and then proceed to Rome. Europe is yet quiet, and so will remain probably till the death of the King of Prussia, which is constantly expected. Whether this will be the signal for war or not, is yet to be seen. The two empires and Venice keep alive certain pretensions which may give color to the commencement of hostilities when they shall think the occasion good. This country is much more intent on sea, than on land preparations. Their harbor of Cherbourg will be completed and will hold their whole navy. This is putting the bridle into the mouth of England. The affairs of the United Netherlands have so long threatened civil war, that one ceases almost to believe any appearances. It must be confessed they cannot be stronger. Your friends here are well. La Comtesse d'Houditot asks kindly after you. The public papers continue to say favorable and just things of your poem. A violent criticism of Chastellux's voyages is just appearing. It is not yet to be bought. I am laboring hard with the assistance of M. de La Fayette to get the general commerce of the United States with this country put on a favorable footing, and am not without hopes. The Marquis is gone into Auvergne for the summer. The rest of the beau monde are also vanished for the season. We give and receive them you know in exchange for the swallows. I shall be happy to hear from you often, and to hear that you are engaged usefully to your country and agreeably to yourself, being with the most real esteem, dear Sir, your sincere friend and servant.

TO M. DE WARVILLE

    Paris, August 15, 1786.

Sir,—I have read with very great satisfaction the sheets of your work on the commerce of France and the United States, which you were so good as to put into my hands. I think you treat the subject, as far as these sheets go, in an excellent manner. Were I to select any particular passages as giving me particular satisfaction, it would be those wherein you prove to the United States that they will be more virtuous, more free and more happy, employed in agriculture, than as carriers or manufacturers. It is a truth, and a precious one for them, if they could be persuaded of it. I am also particularly pleased with your introductions. You have properly observed that we can no longer be called Anglo-Americans. That appellation now describes only the inhabitants of Nova Scotia, Canada, &c. I had applied that of Federo Americans to our citizens, as it would not be so decent for us to assume to ourselves the flattering appellation of free Americans. There are two passages in this work on which I am able to give information. The first is in page 62; "ils auront le caton quand ils voudront se leiver à cegenre de culturé," and the note "l'on voit dans la Eaie de Massachusetts." The four southernmost States make a great deal of cotton. Their poor are almost entirely clothed in it in winter and summer. In winter they wear shirts of it, and outer clothing of cotton and wool mixed. In summer their shirts are linen, but the outer clothing cotton. The dress of the women is almost entirely of cotton manufactured by themselves, except the richer class, and even many of these wear a good deal of home-spun cotton. It is as well manufactured as the calicoes of Europe. Those four States furnish a great deal of cotton to the States north of them, who cannot make it, as being too cold. There is no neighborhood in any part of the United States without a water-grist mill for grinding the corn of the neighborhood. Virginia, Maryland, Pennsylvania, Delaware, New Jersey, New York, abound with large manufacturing mills for the exportation of flour. There are abundance of saw-mills in all the States. Furnaces and forges of iron, I believe, in every State, I know they are in the nine northernmost. There are many mills for plating and slitting iron. And I think there are many distilleries of rum from Norfolk, in Virginia, to Portsmouth, in New Hampshire. I mention these circumstances because your note seems to imply that these things are only in the particular States you mention.

The second passage is pages 101 and 102, where you speak of the "ravages causés par l'abus des eaux de vie," which seems, by the note in page 101, to be taken on authority of Smith. Nothing can be less true than what that author says on this subject; and we may say in general that there are as many falsehoods as facts in his work. I think drunkenness is much more common in all the American States than in France. But it is less common there than in England. You may form an idea from this of the state of it in America. Smith saw everything through the medium of strong prejudice. Besides this, he does not hesitate to write palpable lies, which he was conscious were such. When you proceed to form your table of American exports and imports, I make no doubt you will consult the American Traveller, the estimates in which are nearer the truth than those of Lord Sheffield and Deane, as far as my knowledge of the facts enables me to judge. I must beg your pardon for having so long detained these sheets. I did not finish my American despatches till the night before last, and was obliged yesterday to go to Versailles. I have the honor to be, with very great respect, Sir, your most obedient, and most humble servant.

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.