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

TO MR. JAY

Paris, May 4, 1788.

Sir,—I had the honor of addressing you in two letters of the 13th and 16th of March, from Amsterdam, and have since received Mr. Ramson's of February the 20th. I staid at Amsterdam about ten or twelve days after the departure of Mr. Adams, in hopes of seeing the million of the last year filled up. This, however, could not be accomplished on the spot. But the prospect was so good as to have dissipated all fears; and since my return here, I learn (not officially from our bankers but) through a good channel, that they have received near four hundred thousand florins, since the date of the statement I sent you, in my letter of March the 16th; and I presume we need not fear the completion of that loan, which will provide for all our purposes of the year 1788, as stated in that paper. I hope, therefore, to receive from the treasury orders in conformity thereto, that I may be able to proceed to the redemption of our captives. A provision for the purposes of the years, 1789 and 1790, as stated in the same paper, will depend on the ratification by Congress of Mr. Adams' bonds of this year, for another million of florins. But there arises a new call from this government, for its interest at least. Their silence, hitherto, has made it be believed in general, that they consented to the non-payment of our interest to them, in order to accommodate us. You will perceive in the seventy-fifth and seventy-sixth pages of the compte rendu, which I have the honor to send you, that they call for this interest, and will publish whether it be paid or not; and by No. 25, page eighty-one, that they count on its regular receipt, for the purposes of the year. These calls, for the first days of January, 1789 and 1790, will amount to about a million and a half of florins more; and if to be raised by loan, it must be for two millions, as well to cover the expenses of the loan, as that loans are not opened for fractions of millions. This publication seems to render a provision for this interest as necessary, as for that of Amsterdam.

I had taken measures to have it believed at Algiers, that our government withdrew its attention from our captives there. This was to prepare their captors for the ransoming them at a reasonable price. I find, however, that Captain O'Bryan is apprized that I have received some authority on this subject. He writes me a cruel letter, supposing me the obstacle to their redemption. Their own interest requires that I should leave them to think thus hardly of me. Were the views of government communicated to them, they could not keep their own secret, and such a price would be demanded for them, as Congress, probably, would think ought not to be given, lest it should be the cause of involving thousands of others of their citizens in the same condition. The moment I have money, the business shall be set in motion.

By a letter from Joseph Chiappe, our agent at Mogadore, I am notified of a declaration of the Emperor of Morocco, that if the States General of the United Netherlands do not, before the month of May, send him an ambassador, to let him know whether it is war or peace between them, he will send one to them with five frigates; and that if their dispositions be unfavorable, their frigates shall proceed to America to make prizes on the Dutch, and to sell them there. It seems to depend on the Dutch, therefore, whether the Barbary powers shall learn the way to our coasts, and whether we shall have to decide the question of the legality of selling in our ports, vessels taken from them. I informed you in a former letter, of the declaration made by the court of Spain to that of London, relative to its naval armament, and also of the declaration of the Count de Montmorin to the Russian minister here, on the same subject. I have good information, that the court of Spain has itself made a similar and formal declaration to the minister of Russia, at Madrid. So that Russia is satisfied she is not the object. I doubt whether the English are equally satisfied as to themselves. The season has hitherto prevented any remarkable operation between the Turks and the two empires. The war, however, will probably go on, and the season now admits of more important events. The Empress has engaged Commodore Paul Jones in her service. He is to have the rank of rear admiral, with a separate command, and it is understood that he is in no case to be commanded. He will probably be opposed to the Captain Pacha on the Black Sea. He received this invitation at Copenhagen, and as the season for commencing the campaign was too near to admit time for him to ask and await the permission of Congress, he accepted the offer, only stipulating, that he should be always free to return to the orders of Congress whenever called for, and that he should not be expected to bear arms against France. He conceived that the experience he should gain, would enable him to be more useful to the United States, should they ever have occasion for him. It has been understood, that Congress had had it in contemplation to give him the grade of rear admiral, from the date of the action of the Serapis, and it is supposed, that such a mark of their approbation, would have a favorable influence on his fortune in the north. Copies of the letters which passed between him and the Danish minister are herewith transmitted. I shall immediately represent to Count Bernstorff, that the demand for our prizes can have no connection with a treaty of commerce; that there is no reason why the claims of our seamen should await so distant and uncertain an event; and press the settlement of this claim.

This country still pursues its line of peace. The ministry seem now all united in it; some from a belief of their inability to carry on a war; others from a desire to arrange their internal affairs, and improve their constitution. The differences between the King and parliaments, threaten a serious issue. Many symptoms indicate that the government has in contemplation some act of high-handed authority. An extra number of printers have, for several days, been employed, the apartment wherein they are at work being surrounded by a body of guards, who permit nobody either to come out or go in. The commanders of the provinces, civil and military, have been ordered to be at their stations on a certain day of the ensuing week. They are accordingly gone; so that the will of the King is probably to be announced through the whole kingdom, on the same day. The parliament of Paris, apprehending that some innovation is to be attempted, which may take from them the opportunity of deciding on it after it shall be made known, came last night to the resolution, of which I have the honor to enclose you a manuscript copy. This you will perceive to be, in effect, a declaration of rights. I am obliged to close here the present letter, lest I should miss the opportunity of conveying it by a passenger who is to call for it. Should the delay of the packet admit any continuation of these details, they shall be the subject of another letter, to be forwarded by post. The gazettes of Leyden and France accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.

TO M. TERRASSON

Paris, May 7, 1788.

Sir,—I have read with attention the papers on the subject of the canal of the Santee and Cooper rivers, and shall be glad to do anything I can to promote it. But I confess I have small expectations for the following reason: General Washington sent me a copy of the Virginia act for opening the Potomac. As that canal was to unite the commerce of the whole western country almost, with the eastern, it presented a great view. The General detailed the advantages of it, and it had the weight of his name, and was known to be under his immediate direction. It was pushed here among the monied men to obtain subscriptions, but not a single one could be obtained. The stockjobbing in this city offered greater advantages than to buy shares in the canal. I tried whether they would lend money on the security of the canal, but they answered they could get as good an interest by lending to their own government, with a douceur in the outset, and would have their money under their own eye, more at their command, and more sure as to the payment of interest. However, if you find any opening, and can point out to me how I may be useful in promoting it, I shall do it with infinite pleasure. I have the honor to be, with sentiments of the most perfect esteem, Sir, your most obedient, and most humble servant.

TO M. DUMAS

Paris, May 15, 1788.

Sir,—My first moments after my return having been necessarily occupied by letters which had come during my absence, and which required immediate answers, I have not till now been able to resume my correspondence with you, and to inform you of my safe arrival here after a very agreeable tour through Germany. Our news from America comes down to the 14th of March. At that time the state of the new constitution was thus: It had been accepted in Massachusetts by

The Conventions of the other States were to meet as follows:

Rhode Island had not called a Convention.

I have received a letter from General Washington, wherein he gives it as his opinion, that Virginia will accede to it. Mr. Madison inclines to the same opinion. In fact, if Maryland and South Carolina should have adopted it, as there is great reason to believe, the motives will become very cogent on Virginia for accepting also. She will see that eight States have already concurred, that New Hampshire and North Carolina will probably concur, that the opposition to be made by Virginia and New York would have little effect, and joined with Rhode Island would even be opprobrious. So that probably she will follow the example set by Massachusetts of accepting the constitution unconditionally, and instructing her delegates to join with those of Massachusetts in urging future amendment. In this case the matter will be fixed by nine States at the close of this month, or beginning of the next, and we may have the news by the last of June. It is very possible that the President and new Congress may be setting at New York in the month of September. I have no other material news from America. Here all seems peace without and war within. A great deal of good is offered to the nation, but some think there is more evil in the form of the offer. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.

TO THE HONORABLE THE BOARD OF TREASURY

Paris, May 16, 1788.

Gentlemen,—In a letter of March 29th, which I had the honor of addressing you from Amsterdam, I stated to you what had passed till that date relative to our money affairs in England, and I enclosed you an estimate of these, which looks forward to the end of the year 1790. I mentioned to you also, that the prospect of filling up the loan of the last million was at that moment good, so that I thought you might be at ease as to the payment of the June interest. I have now the pleasure to enclose you a letter from our bankers of the 8th instant, wherein they inform me they have sold bonds enough to pay the June interest and have a surplus sufficient to replace the moneys lent from the Virginia fund, and by Mr. Grand. These advances were but momentary accommodations, made under the mistaken idea that the money was in Amsterdam ready to replace them, and it was not in idea to inscribe them on the roll of the debts of the United States, to take their turn of payment. You will therefore, I hope, think me justifiable in having them replaced immediately, as there is money enough now for that purpose, over and above the June interest. The balance due to Gateau is for one of the medals I had your orders to have made, and has been due upwards of a twelvemonth. Mr. Short's salary I suppose included under your general order that the diplomatic calls shall be regularly paid by our bankers. So far then, I shall venture to draw immediately, perhaps also for the little balance due to Ast, whose distresses call loudly for assistance. He has been obliged to carry his clothes to the pawnbrokers' to raise money for his subsistence. All the other articles of the estimate will await your orders, which you will therefore be pleased to give as you think proper. The foreign officers had proposed a meeting, the object of which was, as I heard, to address Congress in terms which would have been very disagreeable, and at the same time to present a petition to the King, claiming his interposition. This would have made a great deal of noise, and produced very disagreeable effects. This was a few days before I went to Amsterdam. I saw Colonel Gouvion the day before I set out, and desired him to quiet them till my return, explaining to him that one of the objects of my journey would be to enable you to pay them. I have since my return, informed them of the prospect of payment, and that your orders for that purpose may be hoped by the month of June. A letter from O'Brian, at Algiers, shows me that he has had an intimation of my being authorized to redeem them, and imputes the delay to me. I have endeavored, on the contrary, to have it believed at Algiers, that the public will not interest itself in their redemption, having been assured by the General of the religious order who is to act for us, that if the Dey has the least expectations that the public will interfere, he will hold them at such prices as this order has never given, and cannot consent to give, because of the precedent, and that in this case we shall lose the benefit of their agency. Under these circumstances it would be cruelty to the captives to let them know we are proceeding to their redemption. They could not keep their own secret, and the indiscretion of any one of them might forever blast the prospect of their redemption. For I suppose it to be uncontrovertible that a regard to the safety and liberty of our seamen and citizens in general forbids us to give such prices for those in captivity as will draw on our vessels peculiarly the pursuit of those sea-dogs. It is for the good of the captives themselves, therefore, that we submit to be thought hardly of by them; but no time should be lost unnecessarily in proceeding to their redemption; nor shall a moment be lost after I shall be authorized by your order to receive the money. You perceive that by the extract from the letter of the bankers which I have the honor to enclose you, they expect to place speedily the rest of the bonds. I think I may venture to assure you they can do it at any moment if they are pushed. You know the misunderstandings which exist between these two houses. These are the cause of their not always saying as much as they might venture to say with truth. There is an error in the estimate I sent you, which must be explained. I omitted, when I set out from Paris, to ask Mr. Short for a state of the balance due him, and had always been ignorant of it, as the account remained between him and Mr. Grand. When making the estimate at Amsterdam, therefore, I was obliged to conjecture what that balance was, which I did from a very slight and mistaken circumstance as I now find. The balance due him, instead of being about 5000l., as I had guessed, is 13,146l. 6, as you will see by his account now enclosed.

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

TO THE COUNT DE MOUSTIER

Paris, May 17, 1788.

Dear Sir,—I have at length an opportunity of acknowledging the receipt of your favors of February, and March the 14th, and congratulating you on your resurrection from the dead, among whom you had been confidently entombed by the newsdealers of Paris. I am sorry that your first impressions have been disturbed by matters of etiquette, where surely they should least have been expected to occur. These disputes are the most insusceptible of determination, because they have no foundation in reason. Arbitrary and senseless in their nature, they are arbitrarily decided by every nation for itself. These decisions are meant to prevent disputes, but they produce ten where they prevent one. It would have been better, therefore, in a new country, to have excluded etiquette altogether; or if it must be admitted in some form or other, to have made it depend on some circumstance founded in nature, such as the age or station of the parties. However, you have got over all this, and, I am in hopes, have been able to make up a society suited to your own dispositions. Your situation will doubtless be improved by the adoption of the new constitution, which I hope will have taken place before you receive this. I see in this instrument, a great deal of good. The consolidation of our government, a just representation, an administration of some permanence, and other features of great value, will be gained by it. There are, indeed, some faults, which revolted me a good deal in the first moment; but we must be contented to travel on towards perfection, step by step. We must be contented with the ground which this constitution will gain for us, and hope that a favorable moment will come for correcting what is amiss in it. I view in the same light, the innovations making here. The new organization of the judiciary department is undoubtedly for the better. The reformation of the criminal code, is an immense step taken towards good. The composition of the Plenary court is, indeed, vicious in the extreme; but the basis of that court may be retained, and its composition changed. Make of it a representative of the people, by composing it of members sent from the Provincial Assemblies, and it becomes a valuable member of the constitution. But it is said, the court will not consent to do this; the court, however, has consented to call the States General, who will consider the Plenary court but as a canvas for them to work on. The public mind is manifestly advancing on the abusive prerogatives of their governors, and bearing them down. No force in the government can withstand this, in the long run. Courtiers had rather give up power than pleasures; they will barter, therefore, the usurped prerogatives of the King, for the money of the people. This is the agent by which modern nations will recover their rights. I sincerely wish that in this country, they may be contented with a peaceable and passive opposition. At this moment, we are not sure of this, though as yet it is difficult to say what form the opposition will take. It is a comfortable circumstance, that their neighboring enemy is under the administration of a minister disposed to keep the peace. Engage in war who will, may my country long continue your peaceful residence, and merit your good offices with that nation, whose affections it is their duty and interest to cultivate. Accept these and all other the good wishes of him, who has the honor to be, with sincere esteem and respect, dear Sir, your most obedient, and most humble servant.

TO MR. JAY

Paris, May 23, 1788.

Sir,—When I wrote my letter of the 4th instant, I had no reason to doubt that a packet would have sailed on the 10th, according to the established order. The passengers had all, except one, gone down to Havre in this expectation. However, none have sailed, and perhaps none will sail, as I think the suppression of the packets is one of the economies in contemplation. An American merchant, concerned in the commerce of the whale oil, proposed to government to despatch his ships from Havre and Boston at stated periods, and to take on board the French courier and mail, and the proposition has been well enough received. I avail myself of a merchant vessel going from Havre, to write the present.

In my letter of the 4th, I stated to you the symptoms which indicated that government had some great stroke of authority in contemplation. That night, they sent guards to seize Monsieur d'Epremenil and Monsieur Goisland, two members of parliament, in their houses. They escaped, and took sanctuary in the Palais (or parliament house). The parliament assembled itself extraordinarily, summoned the Dukes and Peers specially, and came to the resolution of the 5th, which they sent to Versailles by deputies, determined not to leave the palace till they received an answer. In the course of that night, a battalion of guards surrounded the house. The two members were taken by the officers from among their fellows, and sent off to prison, the one to Lyons, the other (d'Epremenil), the most obnoxious, to an island in the Mediterranean. The parliament then separated. On the 8th, a bed of justice was held at Versailles, wherein were enregistered the six ordinances which had been passed in Council, on the 1st of May, and which I now send you. They were in like manner enregistered in beds of justice, on the same day, in nearly all the parliaments of the kingdom. By these ordinances, 1. the criminal law is reformed, by abolishing examination on the sellette, which, like our holding up the hand at the bar, remained a stigma on the party, though innocent; by substituting an oath, instead of torture, on the question prealable, which is used after condemnation, to make the prisoner discover his accomplices; (the torture abolished in 1789, was on the question preparatoire, previous to judgment, in order to make the prisoner accuse himself;) by allowing counsel to the prisoner for his defence; obliging the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestionably good, and within the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom, who yields to the progress of philanthropy and civilization. 2. The organization of the whole judiciary department is changed, by the institution of subordinate jurisdictions, the taking from the parliaments the cognizance of all causes of less value than twenty thousand livres, reducing their numbers to about a fourth, and suppressing a number of special courts. Even this would be a great improvement, if it did not imply that the King is the only person in this nation who has any rights or any power. 3. The right of registering the laws is taken from the parliaments, and transferred to a Plenary court, created by the King. This last is the measure most obnoxious to all persons. Though the members are to be for life, yet a great proportion of them are from descriptions of men always candidates for the royal favor in other lines. As yet, the general consternation has not sufficiently passed over, to say whether the matter will end here. I send you some papers, which indicate symptoms of resistance. These are, the resolution of the Noblesse of Brittany, the declaration of the Advocate General of Provence, which is said to express the spirit of that province; and the Arret of the Chatelet, which is the hustings court of the city of Paris. Their refusal to act under the new character assigned them, and the suspension of their principal functions, are very embarrassing. The clamors this will excite, and the disorders it may admit, will be loud, and near to the royal ear and person. The parliamentary fragments permitted to remain, have already, some of them, refused, and probably all will refuse, to act under that form. The Assembly of the clergy, which happens to be sitting, have addressed the King to call the States General immediately. Of the Dukes and Peers (thirty-eight in number), nearly half are either minors or superannuated; two-thirds of the acting part seem disposed to avoid taking a part; the rest, about eight or nine, have refused, by letters to the King, to act in the new courts. A proposition excited among the Dukes and Peers, to assemble and address the King for a modification of the Plenary court, seems to show that the government would be willing to compromise on that head. It has been prevented by the Dukes and Peers in opposition, because they suppose that no modification to be made by the government will give to that body the form they desire, which is that of a representative of the nation. They foresee that if the government is forced to this, they will call them, as nearly as they can, in the ancient forms; in which case, less good will be to be expected from them. But they hope they may be got to concur in a declaration of rights, at least, so that the nation may be acknowledged to have some fundamental rights, not alterable by their ordinary legislature, and that this may form a ground work for future improvements. These seem to be the views of the most enlightened and disinterested characters of the opposition. But they may be frustrated by the nation's making no cry at all, or by a hasty and premature appeal to arms. There is neither head nor body in the nation to promise a successful opposition to two hundred thousand regular troops. Some think the army could not be depended on by the government; but the breaking men to military discipline, is breaking their spirits to principles of passive obedience. A firm, but quiet opposition will be the most likely to succeed. Whatever turn this crisis takes, a revolution in their constitution seems inevitable, unless foreign war supervene, to suspend the present contest. And a foreign war they will avoid, if possible, from an inability to get money. The loan of one hundred and twenty millions, of the present year, is filled up by such subscriptions as may be relied on. But that of eighty millions, proposed for the next year, cannot be filled up in the actual situation of things.

The Austrians have been successful in an attack upon Schabatz, intended as a preliminary to that of Belgrade. In that on Dubitza, another town in the neighborhood of Belgrade, they have been repulsed, and, as is suspected, with considerable loss. It is still supposed the Russian fleet will go into the Mediterranean, though it will be much retarded by the refusal of the English government, to permit its sailors to engage in the voyage. Sweden and Denmark are arming from eight to twelve ships of the line each. The English and Dutch treaties you will find in the Leyden gazettes of May the 9th and 13th. That between England and Prussia is supposed to be stationary. Monsieur de St. Priest, the ambassador from this court to the Hague, has either gone, or is on the point of going. The Emperor of Morocco has declared war against England. I enclose you his orders in our favor on that occasion. England sends a squadron to the Mediterranean for the protection of her commerce, and she is reinforcing her possessions in the two Indies. France is expecting the arrival of an embassy from Tippoo Saib, is sending some regiments to the West Indies, and a fleet of evolution into the Atlantic. Seven ships of the line and several frigates sailed from Cadiz on the 22d of April, destined to perform evolutions off the western islands, as the Spaniards say, but really to their American possessions, as is suspected. Thus the several powers are, by little and little, taking the position of war, without an immediate intention of waging it. But that the present ill humor will finally end in war, is doubted by nobody.

In my letter of February the 5th, I had the honor of informing you of the discontent produced by our Arret of December the 29th, among the merchants of this country, and of the deputations from the chambers of commerce to the minister on that subject. The articles attacked were the privileges on the sale of our ships, and the entrepôt for codfish. The former I knew to be valuable; the latter I supposed not so; because during the whole of the time we have had our free ports in this kingdom, we have never used them for the smuggling of fish. I concluded, therefore, the ports of entrepôt would not be used for that purpose. I saw that the ministers would sacrifice something to quiet the merchants, and was glad to save the valuable article relative to our ships, by abandoning the useless one for our codfish. It was settled, therefore, in our conferences, that an Arret should be passed, abridging the former one only as to the entrepôt of codfish. I was in Holland when the Arret came out; and did not get a copy of it till yesterday. Surprised to find that fish oil was thereby also excluded from the entrepôt, I have been to-day to make some inquiry into the cause; and from what I can learn, I conclude it must have been a mere error in the clerk who formed the Arret, and that it escaped attention on its passage. The entrepôt of whale oil was not objected to by a single deputy at the conferences, and the excluding it is contrary to the spirit of encouragement the ministers have shown a disposition to give. I trust, therefore, I may get it altered on the first occasion which occurs, and I believe one will soon occur. In the meantime we do not store a single drop for re-exportation, as all which comes here is needed for the consumption of this country: which will alone, according to appearances, become so considerable as to require all we can produce.

By a letter of the 8th instant, from our bankers, I learn that they had disposed of bonds enough to pay our June interest, and to replace the temporary advances made by Mr. Grand, and from a fund placed here by the State of Virginia. I have desired them, accordingly, to replace these moneys, which had been lent for the moment only, and in confidence of immediate repayment. They add that the payment of the June interest and the news from America, will, as they trust, enable them to place the remaining bonds of the last year's million. I suppose, indeed, that there is no doubt of it, and that none would have been expressed, if those two houses could draw better together than they do. In the meantime, I hope the treasury board will send an order for so much as may be necessary for executing the purposes of Congress, as to our captives at Algiers.