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The Writings of Thomas Jefferson, Vol. 2 (of 9)

TO E. CARRINGTON

Paris, Dec. 21, 1787.

Dear Sir,—I have just received your two favors of October the 23d and November the 10th. I am much obliged to you for your hints in the Danish business. They are the only information I have on that subject, except the resolution of Congress, and warn me of a rock on which I should most certainly have split. The vote plainly points out an agent, only leaving it to my discretion to substitute another. My judgment concurs with that of Congress as to his fitness. But I shall inquire for the surest banker at Copenhagen to receive the money, not because I should have had any doubts, but because I am informed others have them. Against the failure of a banker, were such an accident, or any similar one to happen, I cannot be held accountable in a case where I act without particular interest. My principal idea in proposing the transfer of the French debt, was, to obtain on the new loans a much longer day for the reimbursement of the principal, hoping that the resources of the United States could have been equal to the article of interest alone. But I shall endeavor to quiet, as well as I can, those interested. A part of them will probably sell out at any rate; and one great claimant may be expected to make a bitter attack on our honor. I am very much pleased to hear, that our western lands sell so successfully. I turn to this precious resource, as that which will, in every event, liberate us from our domestic debt, and perhaps too, from our foreign one; and this, much sooner than I had expected. I do not think any thing could have been done with them in Europe. Individual speculators and sharpers had duped so many with their unlocated land-warrants, that every offer would have been suspected.

As to the new constitution, I find myself nearly a neutral. There is a great mass of good in it, in a very desirable form; but there is also, to me, a bitter pill or two. I have written somewhat lengthily to Mr. Madison on this subject, and will take the liberty to refer you to that part of my letter to him. I will add one question to what I have said there. Would it not have been better to assign to Congress exclusively the article of imposts for federal purposes, and to have left direct taxation exclusively to the States? I should suppose the former fund sufficient for all probable events, aided by the land office.

The form which the affairs of Europe may assume, is not yet decipherable by those out of the cabinet. The Emperor gives himself, at present, the air of a mediator. This is necessary to justify a breach with the Porte. He has his eye at the same time on Germany, and particularly on Bavaria, the Elector of which has, for a long time, been hanging over the grave. Probably, France would now consent to the exchange of the Austrian Netherlands, to be created into a kingdom for the Duke de Deuxports, against the electorate of Bavaria. This will require a war. The Empress longs for Turkey, and viewing France as her principal obstacle, would gladly negotiate her acquiescence. To spur on this, she is coqueting it with England. The King of Prussia, too, is playing a double game between France and England. But I suppose the former incapable of forgiving him, or of ever reposing confidence in him. Perhaps the spring may unfold to us the final arrangement which will take place among the powers of this continent.

I often doubt whether I should trouble Congress or my friends with these details of European politics. I know they do not excite that interest in America, of which it is impossible for one to divest himself here. I know too, that it is a maxim with us, and I think it a wise one, not to entangle ourselves with the affairs of Europe. Still, I think, we should know them. The Turks have practiced the same maxim of not meddling in the complicated wrangles of this continent. But they have unwisely chosen to be ignorant of them also, and it is this total ignorance of Europe, its combinations and its movements, which exposes them to that annihilation possibly about taking place. While there are powers in Europe which fear our views, or have views on us, we should keep an eye on them, their connections and oppositions, that in a moment of need, we may avail ourselves of their weakness with respect to others as well as ourselves, and calculate their designs and movements, on all the circumstances under which they exist. Though I am persuaded, therefore, that these details are read by many with great indifference, yet I think it my duty to enter into them, and to run the risk of giving too much, rather than too little information. I have the honor to be, with perfect esteem and respect, dear Sir, your most obedient and most humble servant.

P. S. The resolution of Congress, relative to the prize money received here, speaks of that money as paid to me. I hope this matter is properly understood. The treasury board desired me to receive it, and apply it to such and such federal purposes; and they would pay the dividends of the claimants in America. This would save the expense of remittance. I declined, however, receiving the money, and ordered it into the hands of their banker, who paid it away for the purposes to which they had destined it. I should be sorry, an idea should get abroad, that I had received the money of these poor fellows, and applied it to other purposes. I shall, in like manner, order the Danish and Barbary money into the hands of bankers, carefully avoiding ever to touch a sou of it, or having any other account to make out than what the banker will furnish.

TO THE HON. MR. JAY

Paris, Dec. 21, 1787.

Sir,—The last letters I had the honor of addressing you were of the 3d and 7th of November. Your several favors, to wit, two of July 27, two of Oct. 24, and one of Nov. 3, have all been delivered within the course of a week past; and I embrace the earliest occasion of returning to Congress my sincere thanks for the new proofs I receive therein of their confidence in me, and of assuring them of my best endeavors to merit it. The several matters on which I receive instruction shall all be duly attended to. The Commissioners of the Treasury inform me they will settle the balance appropriated to the Barbary business, apprise me of it, and place it under my power. The moment this is done, I will take the measures necessary to effect the instructions of Congress. The letter to you from the Governor of Rhode Island desires my attention to the application of the claimants of the brig Apollonia, which shall surely be complied with. I trust that an application will be made by the claimants. It will be the more important, as the letter in this case, as in that of the sloop Sally, formerly recommended to me, is directed to an advocate whom all my endeavors have not enabled me to find. I fear, therefore, that the papers in both cases must remain in my hands till called for by the person whom the parties shall employ for the ordinary solicitation and management of their appeals. I suppose they will engage some person to answer from time to time the pecuniary demands of lawyers, clerks, and other officers of the courts, to wait upon the judges and explain their cases to them, which is the usage here, to instruct their lawyers and confer with them whenever necessary, and in general to give all those attentions which the solicitation of private causes constantly require here. Their management indeed is very much a matter of intrigue and of money.

The public affairs of Europe are quiet at present, except as between the Turks and Russians; and, even these, some people suppose may be quieted. It is thought that Russia would accommodate easily. The peace between France and England is very generally considered as insecure. It is said the latter is not honestly disarming; she is certainly augmenting her land forces, and the speech of the King, and debates of the court members, prove their diffidence in the late accommodation. Yet it is believed their premier is a friend to peace, and there can be no doubt of the same dispositions in the chief minister here. The divisions continue between the King and his parliament. A promise has been obtained for convoking the States general, as early as 1791, at farthest. The embarrassments in the department of finance are not yet so cleared up as that the public can see their way through them. The arrival of the Count de La Luzerne, just now announced, will probably put their marine operations into new activity.

I have the honor to enclose you three letters from Mr. Dumas. By one of the 23d of October, he proposed to me that Mr. Adams and myself should authorize him to go to Brussels on the subject he explains to you. I wrote him the answer of Nov. 14th. by which I expected he would see that nothing could be done, and think no more of it. His subsequent letters, however, giving me reason to apprehend that, making too sure of the expediency of the treaty he proposed, he might excite expectations from that government, I wrote him the letter of Dec. 9 to suggest to him that this proposition might not be so certainly eligible as he seemed to expect, and to advise him to avoid doing anything which might commit or embarrass Congress. The uneasiness of his present situation, and the desire of a refuge from it, had probably suggested to him this idea, and occasioned him to view it with partiality.

This will be accompanied with the gazettes of France and Leyden. There being no passenger to go by the packet, within my knowledge, this letter will go through the post-office. I shall, therefore, only add assurances of the esteem and respect with which I have the honor to be, Sir, your most obedient, and most humble servant.

TO MONSIEUR LIMOZIN

Paris, December 22, 1787.

Sir,—I have the honor now, to acknowledge the receipt of your favors of the 18th and 19th of November, and two of the 18th of the present month. I did not write to you immediately on the receipt of the two first, because the observations they contained were to be acted on here. I was much obliged to you for them, as I have been frequently before for others, and you will find that I have profited by them in the Arret which is to come out for the regulation of our commerce, wherein most of the things are provided for, which you have from time to time recommended. With respect to the article of yellow wax, I think there is a general clause in the Arret, which will take it in; but I am not sure of it. If there be not, it is now too late to get any alteration made. You shall receive the Arret the moment it is communicated to me.

I have examined the case of Captain Thomas, with all the dispositions possible to interpose for him. But on mature reflection, I find it is one of those cases wherein my solicitation would be ill received. The government of France, to secure to its subjects the carrying trade between her colonies and the mother country, have made a law, forbidding any foreign vessels to undertake to carry between them. Notwithstanding this, an American vessel has undertaken, and has brought a cargo. For me to ask that this vessel shall be received, would be to ask a repeal of the law, because there is no more reason for receiving her, than there will be for receiving the second, third, &c., which shall act against the same law, nor for receiving an American vessel, more than the vessels of any other nations. Captain Thomas has probably engaged in this business, not knowing the law; but ignorance of the law is no excuse, in any country. If it were, the laws would lose their effect, because it can be always pretended. Were I to make this application to the Comptroller General, he might possibly ask me, whether, in a like case, of a French vessel in America acting through ignorance, against law, we would suspend the law as to her? I should be obliged honestly to answer, that with us, there is no power which can suspend the law for a moment; and Captain Thomas knows that this answer would be the truth. The Senegal company seems to be as much engaged in it as he is. I should suppose his most probable means of extrication would be with their assistance, and availing himself of their privileges, and the apparent authority he has received from the officers of government there. I am sorry his case is such a one as I cannot present to the minister. A jealousy of our taking away their carrying trade, is the principal reason which obstructs our admission into their West India islands. It would not be right for me to strengthen that jealousy.

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

TO THE BOARD OF TREASURY

Paris, Dec. 30, 1787.

Gentlemen,—In my letter of Aug. 5, I had the honor of enclosing to you a letter written me by Messrs. Fiseaux & Co., reminding us that the principal of the loan of 51,000 florins obtained by them, would become due on the first day of the ensuing year. A few days ago, I received another from them calling for the money. At first I was disposed to answer them that I was in nowise authorized to do anything in it, and that it rested with you altogether. But, on consulting with some persons better acquainted with the delicacy of credit in Holland, I found there was reason to fear that a failure to pay that money might not only do essential injury to our credit in general, but even hinder the progress of the loan going on in the hands of Willincks and Van Staphorsts; and that it would be for the interest of that loan itself, to pay this demand out of it, if possible. I wrote, therefore, to Mr. Adams, to consult him about it, and to know, if he was of the same opinion, whether he would venture to join me in directing such an application of the money. I wrote at the same to Willincks and Van Staphorsts, to know whether they could have as much in their hands to spare, and whether they would venture to pay it on our order. Mr. Adams approved of the proposition, and was willing to join in ordering the payment. Willincks and Van Staphorsts answered that they had in their hands money enough to pay the February interest of the former loan, and to answer, for some time yet, Mr. Adams' and my draughts for our subsistence; but that if they should pay the principal of Fiseaux's loan, it would be an advance of their own: they likewise observed, that to pay such a sum without your orders, placed them under an unnecessary responsibility. Upon this, I concluded to ask them only to pay this year's interest, now becoming due, to desire Fiseaux to receive this, and with it to endeavor to quiet the creditors till your orders could be received. I have this day written to Fiseaux, and to Willincks and Van Staphorsts to this purpose, and avail myself of a vessel about to sail from Havre, to communicate the whole transaction to you, and to express my wish that you will be pleased to give an answer to Fiseaux. I enclose to you his letters to me on the subject. From what I can learn, I suspect that if there were a cordial understanding between the Willincks and Van Staphorsts, if the former had been as well disposed as the latter, the matter would have been settled with Fiseaux. I have the honor to be, with much respect, Gentlemen, your most obedient, and most humble servant.

TO MR. JAY

Paris, December 31, 1787.

Sir,—Since the receipt of the letter of Monsieur de Calonnes, of October the 22d, 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 Arret, which, instead of being revocable by a single letter of a Comptroller General, would require an Arret 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 Arret 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 sea-ports, 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 Arret, 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 Arret, 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 Calonnes. The passage of the Arret was stopped, and the difficulty communicated to me. I urged everything 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 Arret, on the stability in office of Monsieur Lambert; for if he had gone out, his successor might be less favorable; and if Monsieur Neckar 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 Arret might pass, leaving the duties on whale oil as Monsieur de Calonnes 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 south western 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 anything 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 Arret; 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 Berni, 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.