Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2

I have the honor to be, with much esteem, Sir, your most obedient, humble servant,

Th: Jefferson.

LETTER CXX.—TO JOHN JAY, December 31, 1787

TO JOHN JAY

Paris, December 31, 1787.

Sir,

Since the receipt of the letter of Monsieur de Calonne, of October the 22nd, 1786, I have several times had the honor of mentioning to you, that I was endeavoring to get the substance of that letter reduced into an Arrêt, which, instead of being revocable by a single letter of a Comptroller General, would require an Arrêt to repeal or alter it, and of course must be discussed in full Council, and so give time to prevent it. This has been pressed as much as it could be with prudence. One cause of delay has been the frequent changes of the Comptroller General; as we had always our whole work to begin again, with every new one. Monsieur Lambert’s continuance in office for some months has enabled us, at length, to get through the business; and I have just received from him a letter, and the Arrêt duly authenticated; of which I have the honor to send you a number of printed copies. You will find, that the several alterations and additions are made, which, on my visit, to the seaports, I had found to be necessary, and which my letters of June the 21st and August the 6th particularly mentioned to you. Besides these, we have obtained some new articles of value, for which openings arose in the course of the negotiation. I say we have done it, because the Marquis de la Fayette has gone hand in hand with me through this business, and has been a most invaluable aid. I take the liberty of making some observations on the articles of the Arrêt, severally, for their explanation, as well as for the information of Congress.

Article 1. In the course of our conferences with the Comptroller General, we had prevailed on him to pass this article with a suppression of all duty. When he reported the Arrêt, however, to the Council, this suppression was objected to, and it was insisted to re-establish the duties of seven livres and ten sous, and of ten sous the livre, reserved in the letter of M. de Calonne. The passage of the Arrêt was stopped, and the difficulty communicated to me. I urged every thing I could, in letters and in conferences, to convince them that whale-oil was an article which could bear no duty at all. That if the duty fell on the consumer, he would choose to buy vegetable oils; if on the fisherman, he could no longer live by his calling, remaining in his own country; and that if he quitted his own country, the circumstances of vicinity, sameness of language, laws, religion, and manners, and perhaps the ties of kindred, would draw him to Nova Scotia, in spite of every encouragement which could be given at Dunkirk; and that thus those fishermen would be shifted out of a scale friendly to France, into one always hostile. Nothing, however, could prevail. It hung on this article alone, for two months, during which we risked the total loss of the Arrêt on the stability in office of Monsieur Lambert; for if he had gone out, his successor might be less favorable; and if Monsieur Necker were the successor, we might lose the whole, as he never set any store by us, or the connection with us. About ten days ago, it became universally believed that Monsieur Lambert was to go out immediately. I therefore declined further insisting on the total suppression, and desired the Arrêt might pass, leaving the duties on whale-oil, as Monsieur de Calonne had promised them; but with a reservation, which may countenance our bringing on this matter again, at a more favorable moment.

Article 2. The other fish-oils are placed in a separate article; because, whatever encouragements we may hereafter obtain for whale-oils, they will not be extended to those which their own fisheries produce.

Article 3. A company had silently, and by unfair means, obtained a monopoly for the making and selling spermaceti candles: as soon as we discovered it, we solicited its suppression, which is effected by this clause.

Article 4. The duty of an eighth per cent, is merely to oblige the masters of vessels to enter their cargoes, for the information of government; without inducing them to attempt to smuggle.

Article 6. Tar, pitch, and turpentine of America, coming in competition with the same articles produced in the southwestern parts of France, we could obtain no greater reduction, than two and a half per cent. The duties before were from four to six times that amount.

Article 10. The right of entrepôt, given by this article, is almost the same thing, as the making all their ports, free ports for us. The ships are indeed subject to be visited, and the cargoes must be reported in ports of entrepôt, which need not be done in the free ports. But the communication between the entrepôt and the country is not interrupted by continual search of all persons passing into the country, which has proved so troublesome to the inhabitants of our free ports, as that a considerable proportion of them have wished to give back the privilege of their freedom.

Article 13. This article gives us the privileges and advantages of native subjects, in all their possessions in Asia, and in the scales leading thereto. This expression means, at present, the isles of France and Bourbon, and will include the Cape of Good Hope, should any future event put it into the hands of France. It was with a view to this, that I proposed the expression, because we were then in hourly expectation of a war, and it was suspected that France would take possession of that place. It will, in no case, be considered as including any thing westward of the Cape of Good Hope. I must observe further, on this article, that it will only become valuable, on the suppression of their East India Company; because, as long as their monopoly continues, even native subjects cannot enter their Asiatic ports, for the purposes of commerce. It is considered, however, as certain, that this Company will be immediately suppressed.

The article of tobacco could not be introduced into the Arrêt; because it was necessary to consider the Farmers General as parties to that arrangement. It rests, therefore, of necessity, on the basis of a letter only. You will perceive that this is nothing more than a continuation of the order of Bernis, only leaving the prices unfixed; and like that, it will require a constant and vexatious attention, to have its execution enforced.

The States who have much to carry, and few carriers, will observe, perhaps, that the benefits of these regulations are somewhat narrowed, by confining them to articles brought hither in French or American bottoms. But they will consider, that nothing in these instruments moves from us. The advantages they hold out are all given by this country to us, and the givers will modify their gifts as they please. I suppose it to be a determined principle of this court not to suffer our carrying business, so far as their consumption of our commodities extends, to become a nursery for British seamen. Nor would this, perhaps, be advantageous to us, considering the dispositions of the two nations towards us. The preference which our shipping will obtain on this account, may counterpoise the discouragements it experiences from the aggravated dangers of the Barbary States. Nor is the idea unpleasing, which shows itself in various parts of these papers, of naturalizing American bottoms, and American citizens in France and in its foreign possessions. Once established here, and in their eastern settlements, they may revolt less at the proposition to extend it to those westward. They are not yet, however, at that point; we must be contented to go towards it a step at a time, and trust to future events for hastening our progress.

With respect to the alliance between this and the two imperial courts, nothing certain transpires. We are enabled to conjecture its progress, only from facts which now and then show themselves. The following may be considered as indications of it. 1. The Emperor has made an attempt to surprise Belgrade. The attempt failed, but will serve to plunge him into the war, and to show that he had assumed the character of mediator, only to enable himself to gain some advantage by surprise. 2. The mediation of France is probably at an end, and their abandonment of the Turks agreed on; because they have secretly ordered their officers to quit the Turkish service. This fact is known to but few, and not intended to be known: but I think it certain. 3. To the offer of mediation lately made by England and Prussia, the court of Petersburg answered, that having declined the mediation of a friendly power (France), she could not accept that of two courts, with whose dispositions she had reason to be dissatisfied. 4. The States General are said to have instructed their ambassador here, lately, to ask of M. de Montmorin, whether the inquiry had been made, which they had formerly desired; ‘By what authority the French engineers had been placed in the service of Holland?’ And that he answered, that the inquiry had not been made, nor should be made. Though I do not consider the channel through which I get this fact, as absolutely sure, yet it is so respectable, that I give credit to it myself. 5. The King of Prussia is withdrawing his troops from Holland. Should this alliance show itself it would seem that France, thus strengthened, might dictate the re-establishment of the affairs of Holland, in her own form. For it is not conceivable, that Prussia would dare to move, nor that England would alone undertake such a war, and for such a purpose. She appears, indeed, triumphant at present; but the question is, Who will triumph last?

I enclose you a letter from Mr. Dumas. I received one from him myself, wherein he assures me, that no difficulties shall be produced, by what he had suggested relative to his mission to Brussels. The gazettes of France and Leyden to this date accompany this letter, which, with the several papers put under your cover, I shall send to M. Limozin, our agent at Havre, to be forwarded by the Juno, Captain Jenkins, which sails from that port for New York, on the 3d of January.

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

Th: Jefferson.

LETTER CXXI.—TO MONSIEUR LAMBERT, January 3, 1788

TO MONSIEUR LAMBERT.

Paris, January 3, 1788.

Sir,

I am honored with your Excellency’s letter of the 29th of December, enclosing the Arrêt on the commerce between France and the United States. I availed myself of the occasion of a vessel sailing this day from Havre for New York, to forward it to Congress. They will receive with singular satisfaction, this new testimony of his Majesty’s friendship for the United States, of his dispositions to promote their interest, and to strengthen the bands which connect the two nations.

Permit me, Sir, to return you, personally, my sincere thanks for the great attention you have paid to this subject, for the sacrifices you have kindly made of a time so precious as yours, every moment of which is demanded and is occupied by objects interesting to the happiness of millions; and to proffer you the homage of those sincere sentiments of attachment and respect, with which I have the honor to be, your Excellency’s most obedient and most humble servant,

Th: Jefferson.

LETTER CXXII.—TO LE COMTE BERNSTORFF, January 21, 1788

TO LE COMTE BERNSTORFF, Minister of Foreign Affairs, Copenhagen.

Paris, January 21, 1788.

Sir,

I am instructed by the United States of America, in Congress assembled, to bring again under the consideration of his Majesty, the King of Denmark, and of his ministers, the case of the three prizes taken from the English during the late war, by an American squadron under the command of Commodore Paul Jones, put into Bergen in distress, there rescued from our possession by orders from the court of Denmark, and delivered back to the English. Dr. Franklin, then Minister Plenipotentiary from the United States at the court of Versailles, had the honor of making applications to the court of Denmark, for a just indemnification to the persons interested, and particularly by a letter of the 22nd of December, 1779, a copy of which I have now the honor of enclosing to your Excellency. In consequence of this, the sum of ten thousand pounds was proposed to him, as an indemnification, through the Baron de Waltersdorff, then at Paris. The departure of both those gentlemen from this place, soon after, occasioned an intermission in the correspondence on this subject. But the United States continue to be very sensibly affected by this delivery of their prizes to Great Britain, and the more so, as no part of their conduct had forfeited their claim to those rights of hospitality, which civilized nations extend to each other. Not only a sense of justice due to the individuals interested in those prizes, but also an earnest desire that no subject of discontent may check the cultivation and progress of that friendship, which they wish may subsist and increase between the two countries, prompt them to remind his Majesty of the transaction in question; and they flatter themselves, that his Majesty will concur with them in thinking, that as restitution of the prizes is not practicable, it is reasonable and just that he should render, and that they should accept, a compensation equivalent to the value of them. And the same principles of justice towards the parties, and of amity to the United States, which influenced the breast of his Majesty to make, through the Baron de Waltersdorff, the proposition of a particular sum, will surely lead him to restore their full value, if that were greater, as is believed, than the sum proposed. In order to obtain, therefore, a final arrangement of this demand, Congress have authorized me to depute a special agent to Copenhagen, to attend the pleasure of his Majesty. No agent could be so adequate to this business, as the Commodore Paul Jones, who commanded the squadron which took the prizes. He will therefore have the honor of delivering this letter to your Excellency, in person; of giving such information as may be material, relative to the whole transaction; of entering into conferences for its final adjustment; and being himself principally interested, not only in his own right, but as the natural patron of those who fought under him, whatever shall be satisfactory to him, will have a great right to that ultimate approbation, which Congress have been pleased to confide to me.

I beg your Excellency to accept the homage of that respect, which your exalted station, talents, and merit impress, as well as those sentiments of esteem and regard, with which I have the honor to be

Your Excellency’s most obedient

and most humble servant,

Th: Jefferson.

LETTER CXXIII.—TO WILLIAM RUTLEDGE, February 2, 1788

TO WILLIAM RUTLEDGE.

Paris, February 2, 1788.

Dear Sir,

I should have sooner answered your favor of January the 2nd, but that we have expected for some time, to see you here. I beg you not to think of the trifle I furnished you with, nor to propose to return it, till you shall have that sum more than you know what to do with. And on every other occasion of difficulty, I hope you will make use of me freely. I presume you will now remain at London, to see the trial of Hastings. Without suffering yourself to be imposed on by the pomp in which it will be enveloped, I would recommend to you to consider and decide for yourself these questions. If his offence is to be decided by the law of the land, why is he not tried in that court in which his fellow citizens are tried, that is, the King’s Bench? If he is cited before another court, that he may be judged, not according to the law of the land, but by the discretion of his judges, is he not disfranchised of his most precious right, the benefit of the laws of his country, in common with his fellow citizens? I think you will find, in investigating this subject, that every solid argument is against the extraordinary court, and that every one in its favor is specious only. It is a transfer from a judicature of learning and integrity, to one, the greatness of which is both illiterate and unprincipled. Yet such is the force of prejudice with some, and of the want of reflection in others, that many of our constitutions have copied this absurdity, without suspecting it to be one. I am glad to hear that our new constitution is pretty sure of being accepted by States enough to secure the good it contains, and to meet with such opposition in some others, as to give us hopes it will be accommodated to them, by the amendment of its most glaring faults, particularly the want of a declaration of rights.

The long expected edict for the Protestants at length appears here. Its analysis is this. It is an acknowledgment (hitherto withheld by the laws) that Protestants can beget children, and that they can die, and be offensive unless buried. It does not give them permission to think, to speak, or to worship. It enumerates the humiliations to which they shall remain subject, and the burthens to which they shall continue to be unjustly exposed. What are we to think of the condition of the human mind in a country, where such a wretched thing as this has thrown the State into convulsions, and how must we bless our own situation in a country, the most illiterate peasant of which is a Solon, compared with the authors of this law. There is modesty often, which does itself injury; our countrymen possess this. They do not know their own superiority. You see it; you are young, you have time and talents to correct them. Study the subject while in Europe, in all the instances which will present themselves to you, and profit your countrymen of them, by making them to know and value themselves.

Adieu, my dear Sir, and be assured of the esteem with which I am your friend and servant,

Th: Jefferson.

LETTER CXXIV.—TO THE COMMISSIONERS OF THE TREASURY, Feb. 7, 1788

TO THE COMMISSIONERS OF THE TREASURY.

Paris, February 7, 1788.

Gentlemen,

Your favors of November the 10th and 13th, and December the 5th, have been duly received. Commodore Jones left this place for Copenhagen, the 5th instant, to carry into execution the resolution of Congress, of October the 25th. Whatever monies that court shall be willing to allow, shall be remitted to your bankers, either in Amsterdam or Paris, as shall be found most beneficial, allowing previously to be withdrawn Commodore Jones’s proportion, which will be necessary for his subsistence. I desired him to endeavor to prevail on the Danish minister, to have the money paid in Amsterdam or Paris, by their banker in either of those cities, if they have one.

M. Ast (secretary to the consulate) is at L’Orient. Whether he comes up with the papers, or sends them, they shall be received, sealed up, and taken care of. I will only ask the favor of you, that I may never be desired to break the seals, unless very important cause for it should arise.