Philadelphia, March 13, 1783.
Sir,—Supposing the despatches received by the Washington, may have enabled Congress to decide on the expediency of continuing, or of countermanding my mission to Europe, I take the liberty of expressing to you the satisfaction it will give me to receive their ultimate will, so soon as other business will permit them to revert to this subject.[109 - The following resolution was passed by Congress relative to Mr. Jefferson's mission to Europe.—Ed.BY THE UNITED STATES IN CONGRESS ASSEMBLED:April 1st, 1783.Resolved, That the Secretary for Foreign Affairs inform the Hon. Thomas Jefferson, in answer to his letter of the 13th of March, that Congress consider the object of his appointment so far advanced as to render it unnecessary for him to pursue his voyage, and that Congress are well satisfied with the readiness he has shown in undertaking a service which from the present situation of affairs they apprehend can be dispensed with.Extracts from the minutes,Charles Thompson, (copied)Secretary.] I have the honor, &c.
TO JOHN JAY
Philadelphia, April 11, 1783.
Dear Sir,—In a letter which I did myself the honor of writing to you by the Chevalier de Chattellux, I informed you of my being at this place, with the intention of joining you in Paris. But the uncommon vigilance of the enemy's cruisers, immediately after the departure of the French fleet, deterred every vessel from attempting to go out. The arrival of the preliminaries soon after showed the impropriety of my proceeding, and I am just now setting out on my return to Virginia. I cannot, however, take my departure, without paying to yourself and your worthy colleague my homage for the good work you have completed for us, and congratulating you on the singular happiness of having borne so distinguished a part both in the earliest and latest transactions of this revolution. The terms obtained for us are indeed great, and are so deemed by your country—a few ill-designing debtors excepted. I am in hopes you will continue at some one of the European courts most agreeable to yourself, that we may still have the benefit of your talents. I took the liberty in my letter of suggesting a wish that you would be so kind as to engage lodgings for me. Should you have given yourself this trouble, I beg leave to return you my thanks, and to ask the favor of you to communicate the amount of their hire to Mr. Robert Morris, of this city, who will immediately remit it to you, as I lodge money in his hands for this purpose. Accept my warmest wishes for your happiness, and be assured of the sincerity with which I have the honor to be, dear Sir, your most obedient, and most humble servant.
P. S. I beg to be affectionately remembered to Dr. F. and Mr. A., if they be still with you.
TO HIS EXCELLENCY GENERAL WASHINGTON
Annapolis, April 16, 1784.
Dear Sir,—I received your favor of April 8th, by Colonel Harrison. The subject of it is interesting, and, so far as you have stood connected with it, has been matter of anxiety to me; because, whatever may be the ultimate fate of the institution of the Cincinnati, in its course, it draws to it some degree of disapprobation. I have wished to see you standing on ground separated from it, and that the character which will be handed to future ages at the head of our Revolution, may, in no instance, be compromitted in subordinate altercations. The subject has been at the point of my pen in every letter I have written to you, but has been still restrained by the reflection that you had among your friends more able counsellors, and, in yourself, one abler than them all. Your letter has now rendered a duty what was before a desire, and I cannot better merit your confidence than by a full and free communication of facts and sentiments, as far as they have come within my observation. When the army was about to be disbanded, and the officers to take final leave, perhaps never again to meet, it was natural for men who had accompanied each other through so many scenes of hardship, of difficulty, and danger, who, in a variety of instances, must have been rendered mutually dear by those aids and good offices, to which their situations had given occasion; it was natural, I say, for these to seize with fondness any proposition which promised to bring them together again, at certain and regular periods. And this, I take for granted, was the origin and object of this institution; and I have no suspicion that they foresaw, much less intended, those mischiefs which exist, perhaps in the forebodings of politicians only. I doubt, however, whether, in its execution, it would be found to answer the wishes of those who framed it, and to foster those friendships it was intended to preserve. The members would be brought together at their annual assemblies, no longer to encounter a common enemy, but to encounter one another in debate and sentiment. For something, I suppose, is to be done at these meetings, and, however unimportant, it will suffice to produce difference of opinion, contradiction and irritation. The way to make friends quarrel is to put them in disputation under the public eye. An experience of near twenty years has taught me, that few friendships stand this test, and that public assemblies, where every one is free to act and speak, are the most powerful looseners of the bands of private friendship. I think, therefore, that this institution would fail in its principal object, the perpetuation of the personal friendships contracted through the war.
The objections of those who are opposed to the institution shall be briefly sketched. You will readily fill them up. They urge that it is against the Confederation—against the letter of some of our constitutions—against the spirit of all of them;—that the foundation on which all these are built, is the natural equality of man, the denial of every pre-eminence but that annexed to legal office, and, particularly, the denial of a pre-eminence by birth; that, however, in their present dispositions, citizens might decline accepting honorary instalments into the order, a time may come, when a change of dispositions would render these flattering, when a well-directed distribution of them might draw into the order all the men of talents, of office and wealth, and in this case, would probably procure an ingraftment into the government; that in this, they will be supported by their foreign members, and the wishes and influence of foreign courts; that experience has shown that the hereditary branches of modern governments are the patrons of privilege and prerogative, and not of the natural rights of the people, whose oppressors they generally are; that, besides these evils, which are remote, others may take place more immediately; that a distinction is kept up between the civil and military, which it is for the happiness of both to obliterate; that when the members assemble they will be proposing to do something, and what that something may be, will depend on actual circumstances; that being an organized body, under habits of subordination, the first obstruction to enterprize will be already surmounted; that the moderation and virtue of a single character have probably prevented this Revolution from being closed, as most others have been, by a subversion of that liberty it was intended to establish; that he is not immortal, and his successor, or some of his successors, may be led by false calculation into a less certain road to glory.
What are the sentiments of Congress on this subject, and what line they will pursue, can only be stated conjecturally. Congress, as a body, if left to themselves, will, in my opinion, say nothing on the subject. They may, however, be forced into a declaration by instructions from some of the States, or by other incidents. Their sentiments, if forced from them, will be unfriendly to the institution. If permitted to pursue their own path, they will check it by side-blows whenever it comes in their way, and in competitions for office, on equal or nearly equal ground, will give silent preferences to those who are not of the fraternity. My reasons for thinking this are, 1. The grounds on which they lately declined the foreign order proposed to be conferred on some of our citizens. 2. The fourth of the fundamental articles of constitution for the new States. I enclose you the report; it has been considered by Congress, recommitted and reformed by a committee, according to sentiments expressed on other parts of it, but the principle referred to, having not been controverted at all, stands in this as in the original report; it is not yet confirmed by Congress. 3. Private conversations on this subject with the members. Since the receipt of your letter, I have taken occasion to extend these; not, indeed, to the military members, because, being of the order delicacy forbade it, but to the others pretty generally; and among these, I have as yet found but one who is not opposed to the institution, and that with an anguish of mind, though covered under a guarded silence, which I have not seen produced by any circumstance before. I arrived at Philadelphia before the separation of the last Congress, and saw there and at Princeton some of its members, not now in delegation. Burke's piece happened to come out at that time, which occasioned this institution to be the subject of conversation. I found the same impressions made on them which their successors have received. I hear from other quarters that it is disagreeable, generally, to such citizens as have attended to it, and, therefore, will probably be so to all, when any circumstance shall present it to the notice of all.
This, Sir, is as faithful an account of sentiments and facts as I am able to give you. You know the extent of the circle within which my observations are at present circumscribed, and can estimate how far, as forming a part of the general opinion, it may merit notice, or ought to influence your particular conduct.
It remains now to pay obedience to that part of your letter, which requests sentiments on the most eligible measures to be pursued by the society, at their next meeting. I must be far from pretending to be a judge of what would, in fact, be the most eligible measures for the society. I can only give you the opinions of those with whom I have conversed, and who, as I have before observed, are unfriendly to it. They lead to these conclusions: 1. If the society proceed according to its institution, it will be better to make no applications to Congress on that subject, or any other, in their associated character. 2. If they should propose to modify it, so as to render it unobjectionable, I think this would not be effected without such a modification as would amount almost to annihilation; for such would it be to part with its inheritability, its organization, and its assemblies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would choose it to be done by their own act only, or by a reference of the matter to Congress, which would infallibly produce a recommendation of total discontinuance.
You will be sensible, Sir, that these communications are without reserve. I supposed such to be your wish, and mean them but as materials, with such others as you may collect, for your better judgment to work on. I consider the whole matter as between ourselves alone, having determined to take no active part in this or anything else, which may lead to altercation, or disturb that quiet and tranquillity of mind, to which I consign the remaining portion of my life. I have been thrown back by events, on a stage where I had never more thought to appear.[110 - Mr. Jefferson being released from his mission to Europe on account of the news of peace, and having returned to Virginia, was again appointed by the Legislature a delegate to Congress on the 6th of June, 1783. On the 3d of the following November he arrived at Trenton, where Congress was then sitting, and took his seat on the 4th, on which day that body adjourned to meet at Annapolis on the 26th. Mr. Jefferson remained in the discharge of his duties as a delegate until the 7th of May, 1784, when Congress, having determined to add a third minister plenipotentiary to Mr. Adams and Dr. Franklin, conferred the appointment on him. On the 6th of August, 1784, he reached Paris. The purpose for which he had been associated with Mr. Adams and Dr. Franklin was to negotiate commercial treaties with the European nations. In June, 1785, Mr. Adams removed to London as our minister at that court, and Dr. Franklin obtained permission to return to America, thus leaving Mr. Jefferson our only representative at Paris in the character of minister plenipotentiary. Here he remained until the 26th of September, 1789, something more than five years, when he took leave of Paris, and landed at Norfolk in the latter part of November.—Ed.] It is but for a time, however, and as a day laborer, free to withdraw, or be withdrawn at will. While I remain, I shall pursue in silence the path of right, but in every situation, public or private, I shall be gratified by all occasions of rendering you service, and of convincing you there is no one to whom your reputation and happiness are dearer than to, Sir,
Your most obedient, and most humble servant.
PART II.
LETTERS WRITTEN WHILE IN EUROPE, 1784-1790
TO COLONEL URIAH FORREST
Paris, Cul-de-Sac Tetebout, October 20th, 1784.
Sir,—I received yesterday your favor of the 8th instant, and this morning went to Auteuil and Passy, to consult with Mr. Adams and Dr. Franklin on the subject of it. We conferred together, and think it is a case in which we could not interpose (were there as yet cause for interposition), without express instructions from Congress. It is, however, our private opinion, which we give as individuals only, that Mr. McLanahan, while in England, is subject to the laws of England; that, therefore, he must employ counsel, and be guided in his defence by their advice. The law of nations, and the treaty of peace, as making a part of the law of the land, will undoubtedly be under the consideration of the judges who pronounce on Mr. McLanahan's case; and we are willing to hope, that in their knowledge and integrity, he will find certain resources against injustice, and a reparation of all injury to which he may have been groundlessly exposed. A final and palpable failure on their part, which we have no reason to apprehend, might make the case proper for the consideration of Congress.
I have the honor to be, with sentiments of great respect and esteem, for Mr. McLanahan, as well as yourself, Sir, your most obedient humble servant.
TO JOHN JAY
Paris, May 11th, 1785.
Sir,—I was honored, on the 2d instant, with the receipt of your favor of March the 15th, enclosing the resolution of Congress of the 10th of the same month, appointing me their Minister Plenipotentiary at this court, and also of your second letter of March 22d, covering the commission and letter of credence for that appointment. I beg permission through you, Sir, to testify to Congress my gratitude for this new mark of their favor, and my assurance of endeavoring to merit it by a faithful attention to the discharge of the duties annexed to it. Fervent zeal is all which I can be sure of carrying into their service, and, where I fail through a want of those powers which nature and circumstances deny me, I shall rely on their indulgence, and much also on that candor with which your goodness will present my proceedings to their eye. The kind terms in which you are pleased to notify this honor to me, require my sincere thanks. I beg you to accept them, and to be assured of the perfect esteem, with which I have the honor to be, Sir, your most obedient, and most humble servant,
TO GENERAL CHASTELLUX
Paris, June 7th, 1785.
Dear Sir,—I have been honored with the receipt of your letter of the 2d instant, and am to thank you, as I do sincerely, for the partiality with which you receive the copy of the Notes on my country. As I can answer for the facts, therein reported, on my own observation, and have admitted none on the report of others, which were not supported by evidence sufficient to command my own assent, I am not afraid that you should make any extracts you please for the Journal de Physique, which come within their plan of publication. The strictures on slavery and on the constitution of Virginia, are not of that kind, and they are the parts which I do not wish to have made public, at least till I know whether their publication would do most harm or good. It is possible, that in my own country, these strictures might produce an irritation, which would indispose the people towards the two great objects I have in view; that is, the emancipation of their slaves, and the settlement of their constitution on a firmer and more permanent basis. If I learn from thence, that they will not produce that effect, I have printed and reserved just copies enough to be able to give one to every young man at the College. It is to them I look, to the rising generation, and not to the one now in power, for these great reformations. The other copy, delivered at your hotel, was for Monsieur de Buffon. I meant to ask the favor of you to have it sent to him, as I was ignorant how to do it. I have one also for Monsieur Daubenton, but being utterly unknown to him, I cannot take the liberty of presenting it, till I can do it through some common acquaintance.
I will beg leave to say here a few words on the general question of the degeneracy of animals in America. 1. As to the degeneracy of the man of Europe transplanted to America, it is no part of Monsieur de Buffon's system. He goes, indeed, within one step of it, but he stops there. The Abbé Raynal alone has taken that step. Your knowledge of America enables you to judge this question, to say, whether the lower class of people in America are less informed and less susceptible of information, than the lower class in Europe; and whether those in America, who have received such an education as that country can give, are less improved by it than Europeans of the same degree of education. 2. As to the aboriginal man of America, I know of no respectable evidence on which the opinion of his inferiority of genius has been founded, but that of Don Ulloa. As to Robertson, he never was in America, he relates nothing on his own knowledge, he is a compiler only of the relations of others, and a mere translator of the opinions of Monsieur de Buffon. I should as soon, therefore, add the translators of Robertson to the witnesses of this fact, as himself. Paw, the beginner of this charge, was a compiler from the works of others; and of the most unlucky description; for he seems to have read the writings of travellers, only to collect and republish their lies. It is really remarkable, that in three volumes 12mo, of small print, it is scarcely possible to find one truth, and yet, that the author should be able to produce authority for every fact he states, as he says he can. Don Ulloa's testimony is the most respectable. He wrote of what he saw, but he saw the Indian of South America only, and that after he had passed through ten generations of slavery. It is very unfair, from this sample, to judge of the natural genius of this race of men; and, after supposing that Don Ulloa had not sufficiently calculated the allowance which should be made for this circumstance, we do him no injury in considering the picture he draws of the present Indians of South America, as no picture of what their ancestors were three hundred years ago. It is in North America we are to seek their original character. And I am safe in affirming, that the proofs of genius given by the Indians of North America place them on a level with whites in the same uncultivated state. The North of Europe furnishes subjects enough for comparison with them, and for a proof of their equality. I have seen some thousands myself, and conversed much with them, and have found in them a masculine, sound understanding. I have had much information from men who had lived among them, and whose veracity and good sense were so far known to me, as to establish a reliance on their information. They have all agreed in bearing witness in favor of the genius of this people. As to their bodily strength, their manners rendering it disgraceful to labor, those muscles employed in labor will be weaker with them, than with the European laborer; but those which are exerted in the chase, and those faculties which are employed in the tracing an enemy or a wild beast, in contriving ambuscades for him, and in carrying them through their execution, are much stronger than with us, because they are more exercised. I believe the Indian, then, to be, in body and mind, equal to the white man. I have supposed the black man, in his present state, might not be so; but it would be hazardous to affirm, that, equally cultivated for a few generations, he would not become so. 3. As to the inferiority of the other animals of America, without more facts, I can add nothing to what I have said in my Notes.
As to the theory of Monsieur de Buffon, that heat is friendly, and moisture adverse to the production of large animals, I am lately furnished with a fact by Dr. Franklin, which proves the air of London and of Paris to be more humid than that of Philadelphia, and so creates a suspicion that the opinion of the superior humidity of America may, perhaps, have been too hastily adopted. And, supposing that fact admitted, I think the physical reasonings urged to show, that in a moist country animals must be small, and that in a hot one they must be large, are not built on the basis of experiment. These questions, however, cannot be decided, ultimately, at this day. More facts must be collected, and more time flow off, before the world will be ripe for decision. In the meantime, doubt is wisdom.
I have been fully sensible of the anxieties of your situation, and that your attentions were wholly consecrated, where alone they were wholly due, to the succor of friendship and worth. However much I prize your society, I wait with patience the moment when I can have it without taking what is due to another. In the meantime, I am solaced with the hope of possessing your friendship, and that it is not ungrateful to you to receive assurances of that with which I have the honor to be, dear Sir,
Your most obedient, and most humble servant.
TO THE GOVERNOR OF MARYLAND
Paris, June 16, 1785.
Sir,—I have the honor of enclosing to your Excellency some propositions which have been made from London to the Farmers General, to furnish them with the tobaccos of Maryland and Virginia. For this paper, I am indebted to the zeal of the M. de La Fayette. I take the liberty of troubling you with it on a supposition that it may be possible to have this article furnished from those States to this country immediately without its passing through the entrepôt of London, and the returns for it being made, of course, in London merchandise. Twenty thousand hogsheads of tobacco a year delivered here in exchange for the produce and manufacture of this country, many of which are as good and cheaper than in England, would establish a rivalship for our commerce which would have happy effects upon both countries. Whether this end will be best effected by giving out these propositions to our merchants and exciting them to become candidates with the Farmers General for this contract, or by any other means, your Excellency can best judge. I shall mention this matter also to the Governor of Virginia. The other paper which accompanies the one before mentioned, is too miserable to need notice. I will take measures for apprising them of its errors.
I have the honor to be, with sentiments of the highest respect and esteem, your Excellency's most obedient, and most humble servant.
TO MR. JAY
Paris, June 17, 1785.
Sir,—I had the honor of addressing you on the 11th of the last month by young Mr. Adams, who sailed in the packet of that month. That of the present is likely to be retarded to the first of July, if not longer.
On the 14th of May I communicated to the Count de Vergennes my appointment as minister plenipotentiary to this Court, and on the 17th delivered my letter of credence to the King at a private audience, and went through the other ceremonies usual on such occasion.
We have reason to expect that Europe will enjoy peace another year. The negotiations between the Emperor and United Netherlands have been spun out to an unexpected length, but there seems little doubt but they will end in peace. Whether the exchange projected between the Emperor and Elector of Bavaria, or the pretensions of the former in his line of demarcation with the Ottoman Porte will produce war, is yet uncertain. If either of them does, this country will probably take part in it to prevent a dangerous accession of power to the House of Austria. The zeal with which they have appeared to negotiate a peace between Holland and the Empire seems to prove that they do not apprehend being engaged in war against the Emperor for any other power; because, if they had such an apprehension, they would not wish to deprive themselves of the assistance of the Dutch: and their opinion on this subject is better evidence than the details we get from the newspapers, and must weigh against the affected delays of the Porte, as to the line of demarcation, the change in their ministry, their preparation for war, and other symptoms of like aspect. This question is not altogether uninteresting to us. Should this country be involved in a Continental war, while differences are existing between us and Great Britain, the latter might carry less moderation into the negotiations for settling them.
I send you herewith the gazettes of Leyden and that of France for the last two months, the latter because it is the best in this country, the former as being the best in Europe. The Courier de l'Europe you will get genuine from London. As reprinted here it is of less worth. Should your knowledge of the newspapers of this country lead you to wish for any other, I shall take the greatest pleasure in adding it to the regular transmissions of two others which I shall make you in future.
I have the honor to be, with the highest esteem and respect, your most obedient, and most humble servant,
TO COLONEL MONROE
Paris, June 17, 1785.
Dear Sir,—I received three days ago your favor of April the 12th. You therein speak of a former letter to me, but it has not come to hand, nor any other of later date than the 14th of December. My last to you was of the 11th of May by Mr. Adams, who went in the packet of that month. These conveyances are now becoming deranged. We have had expectations of their coming to Havre, which would infinitely facilitate the communication between Paris and Congress; but their deliberations on the subject seem to be taking another turn. They complain of the expense, and that their commerce with us is too small to justify it. They therefore talk of sending a packet every six weeks only. The present one, therefore, which should have sailed about this time, will not sail till the 1st of July. However, the whole matter is as yet undecided. I have hopes that when Mr. St. John arrives from New York, he will get them replaced on their monthly system. By-the-bye, what is the meaning of a very angry resolution of Congress on his subject? I have it not by me, and therefore cannot cite it by date, but you will remember it, and oblige me by explaining its foundation. This will be handed you by Mr. Otto, who comes to America as Chargé des Affaires, in the room of Mr. Marbois, promoted to the Intendancy of Hispaniola, which office is next to that of Governor. He becomes the head of the civil, as the Governor is, of the military department.
I am much pleased with Otto's appointment; he is good-humored, affectionate to America, will see things in a friendly light when they admit of it, in a rational one always, and will not pique himself on writing every trifling circumstance of irritation to his court. I wish you to be acquainted with him, as a friendly intercourse between individuals who do business together produces a mutual spirit of accommodation useful to both parties. It is very much our interest to keep up the affection of this country for us, which is considerable. A court has no affections; but those of the people whom they govern influence their decisions, even in the most arbitrary governments.
The negotiations between the Emperor and Dutch are spun out to an amazing length. At present there is no apprehension, but that they will terminate in peace. This court seems to press it with ardor, and the Dutch are averse, considering the terms cruel and unjust, as they evidently are. The present delays, therefore, are imputed to their coldness and to their forms. In the meantime, the Turk is delaying the demarcation of limits between him and the Emperor, is making the most vigorous preparations for war, and has composed his ministry of warlike characters, deemed personally hostile to the Emperor. Thus time seems to be spinning out, both by the Dutch and Turks, and time is wanting for France. Every year's delay is a great thing for her. It is not impossible, therefore, but that she may secretly encourage the delays of the Dutch, and hasten the preparations of the Porte, while she is recovering vigor herself, also, in order to be able to present such a combination to the Emperor as may dictate to him to be quiet. But the designs of these courts are unsearchable. It is our interest to pray that this country may have no continental war till our peace with England is perfectly settled. The merchants of this country continue as loud and furious as ever against the Arret of August, 1784, permitting our commerce with their islands to a certain degree. Many of them have actually abandoned their trade. The ministry are disposed to be firm; but there is a point at which they will give way, that is, if the clamors should become such as to endanger their places. It is evident that nothing can be done by us at this time, if we may hope it hereafter. I like your removal to New York, and hope Congress will continue there, and never execute the idea of building their Federal town. Before it could be finished, a change of members in Congress, or the admission of new States, would remove them somewhere else. It is evident that when a sufficient number of the western States come in, they will remove it to Georgetown. In the meantime, it is our interest that it should remain where it is, and give no new pretensions to any other place. I am also much pleased with the proposition to the States to invest Congress with the regulation of their trade, reserving its revenue to the States. I think it a happy idea, removing the only objection which could have been justly made to the proposition. The time, too, is the present, before the admission of the western States. I am very differently affected towards the new plan of opening our land office, by dividing the lands among the States, and selling them at vendue. It separates still more the interests of the States, which ought to be made joint in every possible instance, in order to cultivate the idea of our being one nation, and to multiply the instances in which the people shall look up to Congress as their head. And when the States get their portions, they will either fool them away, or make a job of it to serve individuals. Proofs of both these practices have been furnished, and by either of them that invaluable fund is lost, which ought to pay our public debt. To sell them at vendue, is to give them to the bidders of the day, be they many or few. It is ripping up the hen which lays golden eggs. If sold in lots at a fixed price, as first proposed, the best lots will be sold first; as these become occupied, it gives a value to the interjacent ones, and raises them, though of inferior quality, to the price of the first. I send you by Mr. Otto a copy of my book. Be so good as to apologize to Mr. Thompson for my not sending him one by this conveyance. I could not burthen Mr. Otto with more on so long a road as that from here to L'Orient. I will send him one by a Mr. Williams, who will go ere long. I have taken measures to prevent its publication. My reason is, that I fear the terms in which I speak of slavery, and of our constitution, may produce an irritation which will revolt the minds of our countrymen against reformation in these two articles, and thus do more harm than good. I have asked of Mr. Madison to sound this matter as far as he can, and, if he thinks it will not produce that effect, I have then copies enough printed to give one to each of the young men at the College, and to my friends in the country.
I am sorry to see a possibility of * * * being put into the Treasury. He has no talents for the office, and what he has, will be employed in rummaging old accounts to involve you in eternal war with * * * and he will, in a short time, introduce such dissensions into the commission, as to break it up. If he goes on the other appointment to Kaskaskia, he will produce a revolt of that settlement from the United States. I thank you for your attention to my outfit. For the articles of household furniture, clothes, and a carriage, I have already paid twenty-eight thousand livres, and have still more to pay. For the greatest part of this, I have been obliged to anticipate my salary, from which, however, I shall never be able to repay it. I find, that by a rigid economy, bordering however on meanness, I can save perhaps five hundred livres a month, at least in the summer. The residue goes for expenses so much of course and of necessity, that I cannot avoid them without abandoning all respect to my public character. Yet I will pray you to touch this string, which I know to be a tender one with Congress, with the utmost delicacy. I had rather be ruined in my fortune than in their esteem. If they allow me half a year's salary as an outfit, I can get through my debts in time. If they raise the salary to what it was, or even pay our house rent and taxes, I can live with more decency. I trust that Mr. Adams's house at the Hague, and Dr. Franklin's at Passy, the rent of which has been always allowed him, will give just expectations of the same allowance to me. Mr. Jay, however, did not charge it, but he lived economically and laid up money.
I will take the liberty of hazarding to you some thoughts on the policy of entering into treaties with the European nations, and the nature of them. I am not wedded to these ideas, and, therefore, shall relinquish them cheerfully when Congress shall adopt others, and zealously endeavor to carry theirs into effect. First, as to the policy of making treaties. Congress, by the Confederation, have no original and inherent power over the commerce of the States. But, by the 9th article, we are authorized to enter into treaties of commerce. The moment these treaties are concluded, the jurisdiction of Congress over the commerce of the States springs into existence, and that of the particular States is superseded so far as the articles of the treaty may have taken up the subject. There are two restrictions only, on the exercise of the power of treaty by Congress. 1st. That they shall not, by such treaty, restrain the legislatures of the States from imposing such duties on foreigners, as their own people are subject to; nor 2dly, from prohibiting the exportation or importation of any particular species of goods. Leaving these two points free, Congress may, by treaty, establish any system of commerce they please; but, as I before observed, it is by treaty alone they can do it. Though they may exercise their other powers by resolution or ordinance, those over commerce can only be exercised by forming a treaty, and this probably by an accidental wording of our Confederation. If, therefore, it is better for the States that Congress should regulate their commerce, it is proper that they should form treaties with all nations with whom they may possibly trade. You see that my primary object in the formation of treaties is to take the commerce of the States out of the hands of the States, and to place it under the superintendence of Congress, so far as the imperfect provisions of our constitutions will admit, and until the States shall, by new compact, make them more perfect. I would say, then, to every nation on earth, by treaty, your people shall trade freely with us, and ours with you, paying no more than the most favored nation, in order to put an end to the right of individual States, acting by fits and starts, to interrupt our commerce, or to embroil us with any nation. As to the terms of these treaties, the question becomes more difficult. I will mention three different plans. 1. That no duty shall be laid by either party on the productions of the other. 2. That each may be permitted to equalize their duties to those laid by the other. 3. That each shall pay in the ports of the other, such duties only as the most favored nations pay.
1. Were the nations of Europe as free and unembarrassed of established systems as we are, I do verily believe they would concur with us in the first plan. But it is impossible. These establishments are fixed upon them; they are interwoven with the body of their laws and the organization of their government, and they make a great part of their revenue; they cannot then, get rid of them.