Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume II Part 43

TO THE COMMISSIONERS OF THE TREASURY.

Paris, September 6, 1788.

Gentlemen,

Your favor of July the 3rd came to hand some days ago, and that of July the 22nd in the afternoon of yesterday. Knowing that a Mr. Vannet was to leave Paris this morning to go to Virginia in a vessel bound from Havre to Potomac, I have engaged him to receive the papers which are the subject of those letters, to take care of them from thence to Havre, and on the voyage; and when he shall have arrived in Potomac, instead of going directly to Richmond, as he intended, he will proceed with them himself to New York. I shall pay here all expenses to their delivery at the s.h.i.+p's side in America, freight included: unless, perhaps, he may find it necessary to put another covering over them, if he should not be able to get them into the cabin; in this case, you will have to reimburse him for that. I engage to him that you shall pay him their transportation from the s.h.i.+p's side to New York, and his own reasonable expenses from the place of his landing to New York, and back to the place of landing. As he takes that journey for this object only, it would be reasonable that you give him some gratuity for his time and trouble, and I suppose it would be accepted by him; but I have made no agreement for this. The papers are contained in a large box and a trunk.

They were sent here by Mr. Ast, during my absence in Holland. When they arrived at the gates of Paris, the officers of the customs opened the trunk, to see whether it contained dutiable articles; but finding only books and papers, they concluded the contents of the box to be of the same nature, and did not open that. You receive it, therefore, as it came from the hands of Mr. Ast. A small trunk, which came as a third package from Mr. Ast, and which has never been opened, I have put into the great trunk, without displacing, or ever having touched a single paper, except as far as was necessary to make room for that. I shall have the whole corded and plumbed by the Custom-house here, not only to prevent their being opened at the Custom-houses on the road, and at the port of exportation, but to prove to you, whether they shall have been opened by any body else after going out of my hands. If the stamped leads are entire, and the cords uncut, when you receive them, you will be sure they have not been opened; they will be wrapt in oil-cloth here to guard them against the damps of the sea; and, as I mentioned before, Mr. Vannet will put them under another covering, if he finds it necessary, at Havre.

At the same time with your last letter, I received from the office of Foreign Affairs the ratification by Congress of the loan of 1788, for another million of guilders. As the necessity of this loan resulted from the estimate made by Mr. Adams and myself, which estimate was laid before Congress, I suppose their ratification of the loan implies that of the estimate. One article of this was for the redemption of our captives at Algiers. Though your letter says nothing on this subject, I am in hopes you have sent orders to the commissioners of the loans at Amsterdam to furnish, as soon as they shall have it, what may be necessary for this pressing call. So also for the foreign officers. If the ratification of the loan has been made by Congress, with a view to fulfil the objects of the estimate, a general order from you to the commissioners of the loans at Amsterdam, to pay the monies from time to time, according to that estimate, or to such other as you shall furnish them with, might save the trouble of particular orders on every single occasion, and the disappointments arising from the delay or miscarriage of such orders: but it is for you to decide on this.

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

Th: Jefferson.

LETTER CLX.--TO THE COUNT DE MONTMORIN,

TO THE COUNT DE MONTMORIN.

Paris, September 11, 1788.

Sir,

In the course of the last war, the house of Schweighaeuser and Dobree of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circ.u.mstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes: and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by arbitrators, to be chosen by us jointly.

They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility.

To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter, too, they make a merit of not having seized one of our s.h.i.+ps of war, and certainly the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you for the immediate delivery of the stores and other property of the United States at Nantes, detained by the house of Schweighaeuser and Dobree, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.

I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency's most obedient and most humble servant,

Th: Jefferson.

LETTER CLXI.--TO M. DE REYNEVAL, September 16, 1788

TO M. DE REYNEVAL.

Sir,

Paris, September 16, 1788.

I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation shall be established in the territories of the other; and the ninth, insisting that the s.h.i.+p's roll shall be conclusive evidence that a person belongs to the s.h.i.+p.

There are several new matters introduced into the draught: some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain's word shall be conclusive evidence that he is not there.

To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.

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 CLXII.--TO THE MARQUIS DE LA ROUERIE, September 16,1788

TO THE MARQUIS DE LA ROUERIE.

Paris, September 16,1788.

Sir,

On receiving the first letters which you did me the honor to write to me on the arrears due to you from the United States, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment.

So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor any thing I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.

Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject may cease. I presume that the certificate given you points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject.

I am, Sir, your humble servant,

Th: Jefferson.

LETTER CLXIII.--TO WILLIAM SHORT, September 20, 1788

TO WILLIAM SHORT.

Paris, September 20, 1788.

Dear Sir,

The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it.

The pa.s.sport now enclosed came the day after your departure; so also did a ma.s.s of American letters for me, as low down as August the 10th.

I shall give you their substance. The convention of Virginia annexed to their ratification of the new const.i.tution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added also propositions for specific alterations of the const.i.tution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights (that is, Virginia's), and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these, what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the third week in March:--the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded: so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island Delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived.

Congress had referred the decision, as to the independence of Kentucky, to the new government. Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The princ.i.p.al obstacle to this, he thought, would be the Indian war.

The following is a quotation from a letter from Virginia, dated July the 12th. 'P------n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new const.i.tution, as if he had been a young man; perhaps more than he discovered in the commencement of the late revolution,in his opposition to Great Britain.

W------e acted as chairman to the committee of the whole, and of course took but little part in the debate; but was for the adoption, relying on subsequent amendments. B------r said nothing, but was for it. The G------r exhibited a curious spectacle to view. Having refused to sign the paper, every body supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show, that his present conduct was consistent with that letter, and that letter with his refusal to sign. M--d--n took the princ.i.p.al share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat a.s.sisted by I--nn--s, Lee, M------l, C------n, and G. N------s.

M--s--n, H------y, and Gr------n were the princ.i.p.al supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety, and respect of either party to the other.'