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

Paris, September 24,1788.

Sir,

Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3rd and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea must have been greatly exaggerated. According to these, the Captain Pacha’s fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be, that he has suffered some checks, of what magnitude it is impossible to say, where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor’s situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the mean time the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden has been successful in every point by sea and land, This, with the interference of Denmark, and the discontent of the Swedish nation; at the breach of their constitution, by the King’s undertaking an offensive war without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north (which it is absolutely in their power to do), it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.

The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d’Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22nd, from the treasury board, on another subject, but none on that of the captives, or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the treasury board.

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 CLXV.—TO M. DE REYNEVAL, October 1, 1788

TO M. DE REYNEVAL.

Paris, October 1, 1788

Sir,

I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighaeuser and Dobree, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever made; to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the mean time, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country has occasioned us to draw them from hence alone, since the peace: and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant,

Th: Jefferson.

LETTER CLXVI.—TO MR. CUTTING, October 2, 1788

TO MR. CUTTING

Paris, October 2, 1788.

Dear Sir,

I am now to acknowledge the receipt of your favors of the 16th and 23rd ultimo and to thank you for the intelligence they conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make noise. So evident a heresy in the common law ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court: because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale-fisheries turn out, this year? I hope a deep wound will be given them in that article soon, and such as will leave us in no danger from their competition.

I am, with very great esteem, Dear Sir, your most obedient, humble servant,

Th: Jefferson.

LETTER CLXVII.—TO JOHN JAY, November 14, 1788

TO JOHN JAY.

Paris, November 14, 1788.

Sir,

In my letter of December the 21st, 1787, I had the honor of acknowledging the receipts of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the Arrêt which came out the 29th of December, and willing to leave some interval between that act, and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusions till this time: it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:

The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.

That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.

Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.

The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.

So is that, which declared the indelibility of the character of subject, and the explanation and extension of the eleventh article of the treaty of amity.

The innovations in the laws of evidence are done away: and the convention is limited to twelve years’ duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished, still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.

I enclose herewith the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1. is the convention of 1784. No. 2. is my first scheme. No. 3. theirs in answer to it. No. 4. my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5. the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784, (marked No. 1.) are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.

With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent, or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation. Native citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction; and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L’Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good native citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable to declare, by a standing law, that no person but a native citizen shall be capable of the office of consul, and that the consul’s presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office of consul, and to native citizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul, be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws, and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice-consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.

It is now proper I should give some account of the state of our dispute with Schweighaeuser and Dobree. In the conversation I had with Dobree, at Nantes, he appeared to think so rationally on this subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused all accommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign, to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighaeuser and Dobree. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun-stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighaeuser and Dobree, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.

I have received no answer yet from Denmark on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence, in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the mean time.

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.

[The following is the translation of the convention referred to as No. 5. in the preceding letter.]

Convention between his Most Christian Majesty and the United States of America, for the purpose of defining and establishing the Functions and Privileges of their respective Consuls and Vice-Consuls.

His Majesty the Most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, Vice-Consuls, Agents, and Commissaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, citizen of the United States of America and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:

Article I. The Consuls and Vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States; there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals, and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges, reciprocally granted, without exacting from the said Consuls and Vice-Consuls any fee, under any pretext whatever.

Article II. The Consuls and Vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained: they shall be exempt from aU, personal service, from soldiers’ billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals: and in all other instances they shall be subject to the laws of the land, as the natives are.

Those of the said Consuls and Vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges, and impositions established on other merchants.

They shall place over the outward door of their house the arms of their sovereign: but this mark of indication shall not give to the said house any privilege of asylum for any person or property whatsoever.

Article III. The respective Consuls and Vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents maybe chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators, and vessels, without the said agents otherwise participating in the immunities, rights, and privileges attributed to Consuls and Vice-Consuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.

Article IV. The Consuls and Vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by decedents, or saved from shipwreck.

They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences, and other consular acts, and also to discharge the functions of notaries and registers of the consulate.

Article V. The Consuls and Vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and other disposals by last will: and the copies of the said acts, duly authenticated by the said Consuls or Vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and of the United States.

They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian, or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein, in any manner whatsoever: but the said Consuls and Vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed, or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor’s giving sufficient surety resident in the country, to refund the sums he shall have unduly received, principal, interest, and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the* representatives who shall present themselves.

And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and Vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.