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

TO MADAME NECKER.

Paris, January 24, 1789.

I have received, Madam, with a great deal of sensibility, the letter of the 22nd instant, with which you were pleased to honor me on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congress consisting of many persons, can only speak by the organ of their records. If they have any engagements, they are to be found there. If not found there, they can never have existed. I proceeded to this examination, with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, every thing I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Klein’s case.

Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask command), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commissions to command them. I suppose that Messrs. Klein, Fearer, and Kleinsmit (named in the resolution of Congress of 1778, and whom, from their names, I conjecture to be Germans) offered to enlist a body of men from among the German prisoners taken with General Burgoyne at Saratoga, on condition that Fearer and Kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-four men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779, (and not in July, 1780, as Monsieur Klein says) by informing him they had no further use for his services, and giving him a year’s pay and subsistence to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistence for the ten months he was trying to enlist men, and the donation of a year’s pay and subsistence; and it is not probable he would wait three years and a half to receive these. I suppose he has staid, in hopes of finding some other opening for employment. If these articles of pay and subsistence have not been paid to him, he has the certificates of the paymaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and in that case, I will undertake to represent his claim to our government, and will answer for their justice.

It would be easy to correct several inaccuracies in the letter of Monsieur Klein, such as that Congress engaged to give him a regiment; that he paid the recruiting money out of his own pocket; that his soldiers had nothing but bread and water; that Congress had promised him they would pay his soldiers in specie, &c.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein’s object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances are the only ground he has, whereon to raise a claim to reception. He has therefore tried to make the most of them. Few think there is any immorality in scandalizing governments or ministers; and M. Klein’s distresses render this resource more innocent in him, than it is in most others.

Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your, known goodness and benevolence. On the contrary, the weaker his claims elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratification, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due, for all the good you have done, and all you are perpetually endeavoring to do. Accept then, Madam, I pray you, this homage from one, whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect, with which he has the honor to be, Madam, your most obedient and most humble servant,

Th: Jefferson.

LETTER CLXXXI.—TO JOHN JAY, February 1, 1789

TO JOHN JAY.

Paris, February 1, 1789.

Sir,

My last letters have been of the 11th, 14th, and 21st of January. The present conveyance being through the post to Havre, from whence a vessel is to sail for New York, I avail myself of it, principally to send you the newspapers. That of Leyden of the 24th, contains a note of the Chargé des Affaires of France, at Warsaw, which is interesting. It shows a concert between France and Russia; it is a prognostication that Russia will interfere in the affairs of Poland, and if she does, it is most probable that the King of Prussia must be drawn into the war. The revolution which has taken place in Geneva, is a remarkable and late event. With the loss of only two or three lives, and in the course of one week, riots, begun at first on account of a rise in the price of bread, were improved and pointed to a reformation of their constitution; and their ancient constitution has been almost completely re-established. Nor do I see any reason to doubt of the permanence of the re-establishment. The King of England has shown such marks of returning reason, that the regency bill was postponed in the House of Lords, on the 19th instant. It seems now probable, there may be no change of the ministry, perhaps no regent. We may be sure, however, that the present ministry make the most of those favorable symptoms. There has been a riot in Brittany, begun on account of the price of bread, but converted into a quarrel between the Noblesse and Tiers-Etat. Some few lives were lost in it. All is quieted for the present moment. In Burgundy and Franche Compte, the opposition of the nobles to the views of government is very warm. Every where else, however, the revolution is going on quietly and steadily, and the public mind ripening so fast, that there is great reason to hope a good result from the States General. Their numbers (about twelve hundred) give room to fear, indeed, that they may be turbulent. Having never heard of Admiral Paul Jones since the action, in which he took a part before Oczakow, I began to be a little uneasy. But I have now received a letter from him, dated at St. Petersburg, the 31 st of January, where he had just arrived, at the desire of the Empress. He has hitherto commanded on the Black Sea. He does not know whether he shall be employed there, or where, the ensuing campaign. I have no other interesting intelligence, which would not lead me into details, improper for the present mode of conveyance. After observing, therefore, that the gazettes of France and Leyden, to the present date, accompany this, I shall only add assurance of the sincere esteem and respect, with which I have the honor to be, Dear Sir, your most obedient and most humble servant,

Th: Jefferson.

LETTER CLXXXII.—TO JOHN JAY, February 4, 1789

TO JOHN JAY.

Paris, February 4, 1789.

Sir,

Your favor of November the 25th, by Gouverneur Morris, is duly received. I must beg you to take the trouble of deciphering yourself what follows, and to communicate it to nobody but the President, at least for the present.

We had before understood, through different channels, that the conduct of the Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de la Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represented through the same medium to the Count de Montmorin, that recent information proved to us, that his minister’s conduct had rendered him personally odious in America, and might even influence the dispositions of the two nations; that his recall was become a matter of mutual concern; that we had understood he was instructed to remind the new government of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that this could not increase their desire of hastening payment, and might wound their affections: that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature: nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business: that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry, without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further consideration. They were these: that there was a loose expression in one of de Moustier’s letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de la Luzerne, that Otto should go to him to London; that they would send a person to America as Chargé des Affaires in place of Otto, and that if the President (General Washington) approved of him, he should be afterwards made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to consult me, whether he would be agreeable. At first I hesitated, recollecting to have heard Ternant represented in America, as an hypochondriac, discontented man, and paused for a moment between him and Barthelemy, at London, of whom I have heard a great deal of good. However, I concluded it safer to take one whom we knew and who knew us. The Marquis was decidedly of this opinion. Ternant will see that his predecessor is recalled for unconciliatory deportment, and that he will owe his own promotion to the approbation of the President. He established a solid reputation in Europe, by his conduct when Generalissimo of one of the United Provinces, during their late disturbances; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upon the whole, I believe you may expect that the Count de Moustier will have an immediate leave of absence, which will soon after become a recall in effect. I will try also to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter, within a few days. I have now that of assuring you of the sentiments of sincere esteem and respect, with which I am, Dear Sir, your most obedient and most humble servant,

Th: Jefferson.

LETTER CLXXXIII.—TO WILLIAM SHORT, February 9,1789

TO WILLIAM SHORT.

Paris, February 9,1789.

Dear Sir,

I wrote you last on the 22nd of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new constitution were going on well. Federal senators are; New Hampshire, President Langdon and Bartlett. Massachusetts, Strong and Dalton. Connecticut, Dr. Johnson and Ellsworth. New Jersey, Patterson and Ellmer. Pennsylvania, Robert Morris and M’Clay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll, of Carrolton, and John Henry. All of these are federalists, except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representives. General Washington will be President, and probably Mr. Adams Vice-President. So that the constitution will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York, to have another convention to make amendments, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendments to the Assemblies, as even the friends of the constitution are willing to make amendments; some from a conviction they are necessary, others, from a spirit of conciliation. The addition of a bill of rights will, probably, be the most essential change. A vast majority of anti-federalists have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modeled the districts for representatives, as to tack Orange to counties where himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, and not the Senate. Henry pronounced a philippic against Madison in open Assembly, Madison being then at Philadelphia. Mifflin is President of Pennsylvania, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure.) Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, &c. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington. Mayo’s bridge, at Richmond, was completed, and carried away in a few weeks. While up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, a vast tract of land on the western side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan’s grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneur Morris has just arrived here; deputed, as is supposed, to settle Robert Morris’s affairs, which continue still deranged. Doctor Franklin was well when he left America, which was about the middle of December.

I send Mr. Rutledge two letters by this post. Be so good as to present him my esteem, and to be assured yourself, of the sincere esteem and attachment with which I am and shall ever be? Dear Sir, your affectionate friend and servant,

Th: Jefferson.

LETTER CLXXXIV.—TO M. DE VILLEDEUIL, February 10, 1789

TO M. DE VILLEDEUIL.

Paris, February 10, 1789.

Sir,

I take the liberty of troubling your Excellency with the following case, which I understand to be within your department. Mr. Jay, secretary for Foreign Affairs, to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that character. He has delivered them safely: but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L’Orient, during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptcy, and he returned to America, with the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay’s demand for a courier, to come under the safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling, and arranging with them. He thinks a twelvemonth will be necessary for this. Understanding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your Excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissible, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupations in which you are engaged, will admit, in order that he may know whether he may see his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those 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 CLXXXV.—TO MR. CARNES, February 15,1789

TO MR. CARNES.

Paris, February 15,1789.

Sir,

I am now to acknowledge the receipt of your favors of January the 23rd, and February the 9th and 10th. Your departure for America so soon, puzzles me as to the finishing the affair of Schweighaeuser and Dobree, in which I could have reposed myself on you. It remains, that I ask you to recommend some person who may be perfectly relied on, in that business. In fact, it is probably the only one I shall have occasion to trouble them with before my own departure for America, which I expect to take place in May; and I fix my return to Paris, in December. While I ask your recommendation of a person to finish Dobree’s business with fidelity, I must ask your secrecy on the subject of that very business, so as not to name it at all, even to the person you shall recommend.

With respect to the distressed American who needs one hundred and forty livres to enable him to return to America, I have no authority to apply any public monies to that purpose, and the calls of that nature are so numerous, that I am obliged to refuse myself to them in my private capacity. As to Captain Newell’s case, you are sensible, that being in the channel of the laws of the land, to ask a special order from government, would expose us, in reciprocity to like demands from them in America, to which our laws would never permit us to accede. Speaking conscientiously, we must say it is wrong in any government to interrupt the regular course of justice. A minister has no right to intermeddle in a private suit, but when the laws of the country have been palpably perverted to the prejudice of his countryman.

When you shall be so kind as to recommend to me a correspondent in your port during your absence, I will ask the favor of you also to give me some idea of the time you expect to return.

I have the honor, after wishing you pleasant and prosperous voyages, to assure you of the esteem and attachment, with which I am, Sir, your most obedient, humble servant,

Th: Jefferson.

LETTER CLXXXVI.—TO DR. BANCROFT, March 2, 1789

TO DR. BANCROFT.

Paris, March 2, 1789

Dear Sir,

I have just received a letter of January the 31st from Admiral Paul Jones, at Petersburg, which charging me with the execution of some commissions, and these requiring money, he tells me you will answer my drafts, to the amount of four or five thousand livres, on his account. Be so good as to inform me whether you will pay such drafts.

A Monsieur Foulloy, who has been connected with Deane, lately offered me for sale two volumes of Deane’s letter books and account books, that he had taken instead of money, which Deane owed him. I have purchased them on public account. He tells me Deane has still six or eight volumes more, and being to return soon to London, he will try to get them also, in order to make us pay high for them. You are sensible of the impropriety of letting such books get into hands which might make an unfriendly use of them. You are sensible of the immorality of an ex-minister’s selling his secrets for money and, consequently, that there can be no immorality in tempting him with money to part with them; so that they may be restored to that government to whom they properly belong. Your former acquaintance with Deane may, perhaps, put it in your power to render our country the service of recovering those books. It would not do to propose it to him as for Congress. What other way would best bring it about, you know best. I suppose his distresses and his crapulous habits will not render him difficult on this head. On the supposition that there are six or eight volumes, I think you might venture as far as fifty guineas, and proportionably for fewer. I will answer your draft to this amount and purpose, or you may retain it out of any monies you may propose to pay me for admiral Jones. There is no time to lose in this negotiation, as, should Foulloy arrive there before it is closed, he will spoil the bargain. If you should be able to recover these books, I would ask the favor of you to send them to me by the Diligence, that I may carry them back with me to America. I make no apology for giving you this trouble. It is for our common country, and common interest.

I am, with sincere and great esteem and attachment, Dear Sir, your most obedient, humble servant,

Th: Jefferson.