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

Dear Sir,—On receipt of your favors of August the 18th and 23d, I conferred with Mr. Barclay on the measures necessary to be taken, to set our treaty with the piratical States into motion, through his agency. Supposing that we should begin with the Emperor of Morocco, a letter to the Emperor and instructions to Mr. Barclay, seemed necessary. I have therefore sketched such outlines for these, as appear to me to be proper. You will be so good as to detract, add to, or alter them as you please, to return such as you approve under your signature, to which I will add mine. A person understanding English, French, and Italian, and at the same time meriting confidence, was not to be met with here. Colonel Franks, understanding the two first languages perfectly, and a little Spanish instead of Italian, occurred to Mr. Barclay as the fittest person he could employ for a secretary. We think his allowance (exclusive of his travelling expenses and his board, which will be paid by Mr. Barclay in common with his own) should be between one hundred, and one hundred and fifty guineas a year. Fix it where you please, between these limits. What is said in the instructions to Mr. Barclay as to his own allowance, was proposed by himself. My idea as to the partition of the whole sum to which we are limited (eighty thousand dollars), was, that one half of it should be kept in reserve for the Algerines. They certainly possess more than half of the whole power of the piratical States. I thought then, that Morocco might claim the half of the remainder, that is to say, one-fourth of the whole. For this reason, in the instructions, I propose twenty thousand dollars as the limit of the expenses of the Morocco treaty. Be so good as to think of it, and make it what you please. I should be more disposed to enlarge than abridge it, on account of their neighborhood to our Atlantic trade. I did not think that these papers should be trusted through the post office, and, therefore, as Colonel Franks is engaged in the business, he comes with them. Passing by the diligence, the whole expense will not exceed twelve or fourteen guineas. I suppose we are bound to avail ourselves of the co-operation of France. I will join you, therefore, in any letter you think proper to write to the Count de Vergennes. Would you think it expedient to write to Mr. Carmichael, to interest the interposition of the Spanish court? I will join you in anything of this kind you will originate. In short, be so good as to supply whatever you may think necessary. With respect to the money, Mr. Jay's information to you was, that it was to be drawn from Holland. It will rest, therefore, with you, to avail Mr. Barclay of that fund, either by your draft, or by a letter of credit to the bankers in his favor, to the necessary amount. I imagine the Dutch consul at Morocco may be rendered an useful character, in the remittances of money to Mr. Barclay while at Morocco.

You were apprised, by a letter from Mr. Short, of the delay which had arisen in the execution of the treaty with Prussia. I wrote a separate letter, of which I enclose you a copy, hoping it would meet one from you, and set them again into motion.

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

[The following are the sketches of the letter to the Emperor of Morocco, and of the instructions to Mr. Barclay, referred to in the preceding letter.]

HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO

That the United States of America, heretofore connected in government with Great Britain, had found it necessary for their happiness to separate from her, and to assume an independent station.

That, consisting of a number of separate States, they had confederated together, and placed the sovereignty of the whole, in matters relating to foreign nations, in a body consisting of delegates from every State, and called the Congress of the United States.

That Great Britain had solemnly confirmed their separation, and acknowledged their independence.

That after the conclusion of the peace, which terminated the war in which they had been engaged for the establishment of their independence, the first attentions of Congress were necessarily engrossed by the re-establishment of order and regular government.

That they had, as soon as possible, turned their attention to foreign nations, and, desirous of entering into amity and commerce with them, had been pleased to appoint us with Dr. Benjamin Franklin, to execute such treaties for this purpose, as should be agreed on by such nations, with us, or any two of us.

That Dr. Franklin having found it necessary to return to America, the execution of these several commissions had devolved on us.

That being placed as Ministers Plenipotentiary for the United States at the courts of England and France; this circumstance, with the commissions with which we are charged for entering into treaties with various other nations, puts it out of our power to attend at the other courts in person, and obliges us to negotiate by the intervention of confidential persons.

That, respecting the friendly dispositions shown by his Majesty, the Emperor of Morocco, towards the United States, and indulging the desire of forming a connection with a sovereign so renowned for his power, his wisdom, and his justice, we had embraced the first moment possible, of assuring him of these, the sentiments of our country and of ourselves, and of expressing to him our wishes to enter into a connection of friendship and commerce with him.

That for this purpose, we had commissioned the bearer hereof, Thomas Barclay, a person in the highest confidence of the Congress of the United States, and as such, having been several years, and still being their consul general with our great and good friend and ally, the King of France, to arrange with his Majesty the Emperor those conditions which it might be advantageous for both nations to adopt, for the regulation of their commerce, and their mutual conduct towards each other.

That we deliver to him a copy of the full powers with which we are invested, to conclude a treaty with his Majesty, which copy he is instructed to present to his Majesty.

That though by these, we are not authorized to delegate to him the power of ultimately signing the treaty, yet such is our reliance on his wisdom, his integrity, and his attention to the instructions with which he is charged, that we assure his Majesty, the conditions which he shall arrange and send to us, shall be returned with our signature, in order to receive that of the person whom his Majesty shall commission for the same purpose.

HEADS OF INSTRUCTIONS TO MR. BARCLAY

Congress having been pleased to invest us with full powers for entering into a treaty of amity and alliance with the Emperor of Morocco, and it being impracticable for us to attend his court in person, and equally impracticable, on account of our separate stations, to receive a minister from him, we have concluded to effect our object by the intervention of a confidential person. We concur in wishing to avail the United States of your talents in the execution of this business, and therefore furnish you with a letter to the Emperor of Morocco, to give due credit to your transactions with him.

We advise you to proceed by the way of Madrid, where you will have opportunities of deriving many lights from Mr. Carmichael, through whom many communications with the court of Morocco have already passed.

From thence, you will proceed, by such route as you shall think best, to the court of the Emperor.

You will present to him our letter, with the copy of our full powers, with which you are furnished, at such time or times, and in such manner, as you shall find best.

You will proceed to negotiate, with his minister, the terms of a treaty of amity and commerce, as nearly conformed as possible to the draught we give you. Where alterations, which, in your opinion, shall not be of great importance, shall be urged by the other party, you are at liberty to agree to them. Where they shall be of great importance, and such as you think should be rejected, you will reject them; but where they are of great importance, and you think they may be accepted, you will ask time to take our advice, and will advise with us accordingly, by letter or by courier, as you shall think best. When the articles shall all be agreed, you will send them to us by some proper person, for our signature.

The whole expense of this treaty, including as well the expenses of all persons employed about it, as the presents to the Emperor and his servants must not exceed twenty thousand dollars; and we urge you to use your best endeavors to bring it as much below that sum as you possibly can. As custom may have rendered some presents necessary in the beginning or progress of this business, and before it is concluded, or even in a way to be concluded, we authorize you to conform to the custom, confiding in your discretion to hazard as little as possible, before a certainty of the event. We trust to you also to procure the best information, as to what persons, and in what form, these presents should be made, and to make them accordingly.

The difference between the customs of that and other courts, the difficulty of obtaining a knowledge of those customs, but on the spot, and our great confidence in your discretion, induce us to leave to that all other circumstances relative to the object of your mission. It will be necessary for you to take a secretary, well skilled in the French language, to aid you in your business, and to take charge of your papers in case of any accident to yourself. We think you may allow him – guineas a year, besides his expenses for travelling and subsistence. We engage to furnish your own expenses, according to the respectability of the character with which you are invested; but, as to the allowance for your trouble, we wish to leave it to Congress. We annex hereto sundry heads of inquiry which we wish you to make, and to give us thereon the best information you shall be able to obtain. We desire you to correspond with us by every opportunity which you think should be trusted, giving us, from time to time, an account of your proceedings and prospects.

HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO

1. Commerce. What are the articles of their export and import? What duties are levied by them on exports and imports? Do all nations pay the same, or what nations are favored, and how far? Are they their own carriers, or who carries for them? Do they trade themselves to other countries, or are they merely passive?

2. Ports. What are their principal ports? What depth of water in them? What works of defence protect these ports?

3. Naval force. How many armed vessels have they? Of what kind and force? What is the constitution of their naval force? What resources for increasing their navy? What number of seamen? Their cruising grounds, and seasons of cruising?

4. Prisoners. What is their condition and treatment? At what price are they ordinarily redeemed, and how?

Do they pay respect to the treaties they make?

Land forces. Their numbers, constitution and respectability?

Revenues. Their amount.

Coins. What coins pass there, and at what rates?

TO DAVID HARTLEY

    Paris, September 5, 1785.

Dear Sir,—Your favor of April the 15th, happened to be put into my hands at the same time with a large parcel of letters from America, which contained a variety of intelligence. It was then put where I usually place my unanswered letters; and I, from time to time, put off acknowledging the receipt of it, till I should be able to furnish you American intelligence worth communicating. A favorable opportunity, by a courier, of writing to you, occurring this morning, what has been my astonishment and chagrin, on reading your letter again, to find there was a case in it which required an immediate answer, but which, by the variety of matters which happened to be presented to my mind, at the same time, had utterly escaped my recollection. I pray you to be assured, that nothing but this slip of memory would have prevented my immediate answer, and no other circumstance would have prevented its making such an impression on my mind, as that it could not have escaped. I hope you will, therefore, obliterate the imputation of want of respect, which, under actual appearances, must have arisen in your mind, but which would refer to an untrue cause the occasion of my silence. I am not sufficiently acquainted with the proceedings of the New York Assembly, to say, with certainty, in what predicament the lands of Mr. Upton may stand. But on conferring with Colonel Humphreys, who, being from the neighboring State, was more in the way of knowing what passed in New York, he thinks that the descriptions in their confiscation laws were such as not to include a case of this nature. The first thing to be done by Mr. Upton, is, to state his case to some intelligent lawyer of the country, that he may know with certainty whether they be confiscated or not; and if not confiscated, to know what measures are necessary for completing and securing his grant. But if confiscated, there is, then, no other tribunal of redress but their General Assembly. If he is unacquainted there, I would advise him to apply to Colonel Hamilton (who was aid to General Washington), and is now very eminent at the bar, and much to be relied on. Your letter in his favor to Mr. Jay will also procure him the benefit of his council.

With respect to America, I will rather give you a general view of its situation, than merely relate recent events. The impost is still unpassed by the two States of New York and Rhode Island; for the manner in which the latter has passed it does not appear to me to answer the principal object of establishing a fund, which, by being subject to Congress alone, may give such credit to the certificates of public debt, as will make them negotiable. This matter, then, is still suspended.

Congress have lately purchased the Indian right to nearly the whole of the land lying in the new State, bounded by lake Erie, Pennsylvania, and the Ohio. The northwestern corner alone is reserved to the Delawares and Wiandots. I expect a purchase is also concluded with other tribes, for a considerable proportion of the State next to this, on the north side of the Ohio. They have passed an ordinance establishing a land office, considerably improved, I think, on the plan of which I had the honor of giving you a copy. The lands are to be offered for sale to the highest bidder. For this purpose, portions of them are to be proposed in each State, that each may have the means of purchase carried equally to their doors, and that the purchasers may be a proper mixture of the citizens from all the different States. But such lots as cannot be sold for a dollar an acre, are not to be parted with. They will receive as money the certificates of public debt. I flatter myself that this arrangement will very soon absorb the whole of these certificates, and thus rid us of our domestic debt, which is four-fifths of our whole debt. Our foreign debt will then be a bagatelle.

I think it probable that Vermont will be made independent, as I am told the State of New York is likely to agree to it. Maine will probably, in time, be also permitted to separate from Massachusetts. As yet, they only begin to think of it. Whenever the people of Kentucky shall have agreed among themselves, my friends write me word, that Virginia will consent to their separation. They will constitute the new State on the south side of Ohio, joining Virginia. North Carolina, by an act of their Assembly, ceded to Congress all their lands westward of the Alleghany. The people inhabiting that territory, thereon declared themselves independent, called their State by the name of Franklin, and solicited Congress to be received into the Union. But before Congress met, North Carolina (for what reasons I could never learn) resumed their cession. The people, however, persist; Congress recommended to the State to desist from their opposition, and I have no doubt they will do it. It will, therefore, result from the act of Congress laying off the western country into new States, that these States will come into the Union in the manner therein provided, and without any disputes as to their boundaries.

I am told that some hostile transaction by our people at the Natchez, against the Spaniards, has taken place. If it be fact, Congress will certainly not protect them, but leave them to be chastised by the Spaniards, saving the right to the territory. A Spanish minister being now with Congress, and both parties interested in keeping the peace, I think, if such an event has happened, it will be easily arranged.

I told you, when here, of the propositions made by Congress to the States, to be authorized to make certain regulations in their commerce; and that, from the disposition to strengthen the hands of Congress, which was then growing fast, I thought they would consent to it. Most of them did so, and I suppose all of them would have done it, if they have not actually done it, but that events proved a much more extensive power would be requisite. Congress have, therefore, desired to be invested with the whole regulation of their trade, and forever; and to prevent all temptations to abuse the power, and all fears of it, they propose that whatever moneys shall be levied on commerce, either for the purpose of revenue, or by way of forfeitures or penalty, shall go directly into the coffers of the State wherein it is levied, without being touched by Congress. From the present temper of the States, and the conviction which your country has carried home to their minds, that there is no other method of defeating the greedy attempts of other countries to trade with them on equal terms, I think they will add an article for this purpose to their Confederation. But the present powers of Congress over the commerce of the States, under the Confederation, seem not at all understood by your ministry. They say that body has no power to enter into a treaty of commerce; why then make one? This is a mistake. By the sixth article of the Confederation, the States renounce, individually, all power to make any treaty, of whatever nature, with a foreign nation. By the ninth article, they give the power of making treaties wholly to Congress, with two reservations only. 1. That no treaty of commerce shall be made, which shall restrain the legislature from making foreigners pay the same imposts with their own people: nor 2d, from prohibiting the exportation or importation of any species of merchandise, which they might think proper. Were any treaty to be made which should violate either of these two reservations, it would be so far void. In the treaties, therefore, made with France, Holland, &c., this has been cautiously avoided. But are these treaties of no advantage to these nations? Besides the advantages expressly given by them, there results another, of great value. The commerce of those nations with the United States, is thereby under the protection of Congress, and no particular State, acting by fits and starts, can harass the trade of France, Holland, &c., by such measures as several of them have practiced against England, by loading her merchandise with partial impost, refusing admittance to it altogether, excluding her merchants, &c., &c. For you will observe, that though by the second reservation before mentioned, they can prohibit the importation of any species of merchandise, as for instance, though they may prohibit the importation of wines in general, yet they cannot prohibit that of French wines in particular. Another advantage is, that the nations having treaties with Congress, can and do provide in such treaties for the admission of their consuls, a kind of officer very necessary for the regulation and protection of commerce. You know that a consul is the creature of treaty. No nation without an agreement, can place an officer in another country, with any powers or jurisdiction whatever. But as the States have renounced the separate power of making treaties with foreign nations, they cannot separately receive a consul; and as Congress have, by the Confederation, no immediate jurisdiction over commerce, as they have only a power of bringing that jurisdiction into existence by entering into a treaty, till such treaty be entered into, Congress themselves cannot receive a consul. Till a treaty then, there exists no power in any part of our government, federal or particular, to admit a consul among us; and if it be true, as the papers say, that you have lately sent one over, he cannot be admitted by any power in existence, to an exercise of any function. Nothing less than a new article, to be agreed to by all the States, would enable Congress, or the particular States, to receive him. You must not be surprised then, if he be not received.

I think I have by this time tired you with American politics, and will therefore only add assurances of the sincere regard and esteem, with which I have the honor to be, dear Sir, your most obedient humble servant.

TO BARON GEISMER

    Paris, September 6, 1785.

Dear Sir,—Your letter of March the 28th, which I received about a month after its date, gave me a very real pleasure, as it assured me of an existence which I valued, and of which I had been led to doubt. You are now too distant from America, to be much interested in what passes there. From the London gazettes, and the papers copying them, you are led to suppose that all there is anarchy, discontent and civil war. Nothing, however, is less true. There are not, on the face of the earth, more tranquil governments than ours, nor a happier and more contented people. Their commerce has not as yet found the channels, which their new relations with the world will offer to best advantage, and the old ones remain as yet unopened by new conventions. This occasions a stagnation in the sale of their produce, the only truth among all the circumstances published about them. Their hatred against Great Britain, having lately received from that nation new cause and new aliment, has taken a new spring. Among the individuals of your acquaintance, nothing remarkable has happened. No revolution in the happiness of any of them has taken place, except that of the loss of their only child to Mr. and Mrs. Walker, who, however, left them a grand-child for their solace, and that of your humble servant, who remains with no other family than two daughters, the elder here (who was of your acquaintance), the younger in Virginia, but expected here the next summer. The character in which I am here at present, confines me to this place, and will confine me as long as I continue in Europe. How long this will be, I cannot tell. I am now of an age which does not easily accommodate itself to new manners and new modes of living; and I am savage enough to prefer the woods, the wilds, and the independence of Monticello, to all the brilliant pleasures of this gay Capital. I shall, therefore, rejoin myself to my native country, with new attachments, and with exaggerated esteem for its advantages; for though there is less wealth there, there is more freedom, more ease, and less misery. I should like it better, however, if it could tempt you once more to visit it: but that is not to be expected. Be this as it may, and whether fortune means to allow or deny me the pleasure of ever seeing you again, be assured that the worth which gave birth to my attachment, and which still animates it, will continue to keep it up while we both live, and that it is with sincerity I subscribe myself, dear Sir, your friend and servant.

TO JOHN LANGDON

    Paris, September 11, 1785.

Dear Sir,—Your Captain Yeaton being here, furnishes me an opportunity of paying the tribute of my congratulations on your appointment to the government of your State, which I do sincerely. He gives me the grateful intelligence of your health, and that of Mrs. Langdon. Anxious to promote your service, and believing he could do it by getting himself naturalized here, and authorized to command your vessel, he came from Havre to Paris. But on making the best inquiries I could, it seemed that the time requisite to go through with this business, would be much more than he could spare. He therefore declined it. I wish it were in my power to give you a hope that our commerce, either with this country, or its islands, was likely to be put on a better footing. But if it be altered at all, it will probably be for the worse. The regulations respecting their commerce are by no means sufficiently stable to be relied on.

Europe is in quiet, and likely to remain so. The affairs of the Emperor and Dutch are as good as settled, and no other cloud portends any immediate storm. You have heard much of American vessels taken by the Barbary pirates. The Emperor of Morocco took one last winter, (the brig Betsey from Philadelphia;) he did not however reduce the crew to slavery, nor confiscate the vessel or cargo. He has lately delivered up the crew on the solicitation of the Spanish court. No other has ever been taken by them. There are, indeed, rumors of one having been lately taken by the Algerines. The fact is possible, as there is nothing to hinder their taking them, but it is not as yet confirmed. I have little doubt, that we shall be able to place our commerce on a popular footing with the Barbary States, this summer, and thus not only render our navigation to Portugal and Spain safe, but open the Mediterranean as formerly. In spite of treaties, England is still our enemy. Her hatred is deep rooted and cordial, and nothing is wanting with her but the power, to wipe us and the land we live on out of existence. Her interest, however, is her ruling passion; and the late American measures have struck at that so vitally, and with an energy, too, of which she had thought us quite incapable, that a possibility seems to open of forming some arrangement with her. When they shall see decidedly, that, without it, we shall suppress their commerce with us, they will be agitated by their avarice, on the one hand, and their hatred and their fear of us, on the other. The result of this conflict of dirty passions is yet to be awaited. The body of the people of this country love us cordially. But ministers and merchants love nobody. The merchants here, are endeavoring to exclude us from their islands. The ministers will be governed in it by political motives, and will do it, or not do it, as these shall appear to dictate, without love or hatred to anybody. It were to be wished that they were able to combine better, the various circumstances which prove, beyond a doubt, that all the advantages of their colonies result, in the end, to the mother country. I pray you to present me in the most friendly terms to Mrs. Langdon, and to be assured of the esteem with which I am, your Excellency's most obedient, and most humble servant.

TO M. DE LA VALEE