Since mine to you of August the 12th, yours of July the 3rd, August the

16th, and September the 18th, have come to hand. They suffice to remove

all doubts which might have been entertained as to the real intentions

of the British cabinet, on the several matters confided to you. The view

of government in troubling you with this business, was, either to remove

from between the two nations all causes of difference, by a fair and

friendly adjustment, if such was the intention of the other party, or to

place it beyond a doubt that such was not their intention. In result,

it is clear enough that further applications would tend to delay, rather

than advance our object. It is therefore the pleasure of the President,

that no others be made; and that in whatever state this letter may find

the business, in that state it be left. I have it in charge at the same

time to assure you, that your conduct in these communications with the

British ministers has met the President’s entire approbation, and to

convey to you his acknowledgments for your services.

As an attendance on this business must, at times, have interfered with

your private pursuits, and subjected you also to additional expenses,

I have the honor to enclose you a draft on our bankers in Holland for a

thousand dollars, as an indemnificatian for those sacrifices.

My letter of August the 12th desired a certain other communication to be

made to the same court, if a war should have actually commenced. If the

event has not already called for it, it is considered as inexpedient to

be made at all.

You will, of course, have the goodness to inform us of whatever may have

passed further, since the date of your last.

In conveying to you this testimony of approbation from the President of

the United States, I am happy in an occasion of repeating assurances

of the sentiments of perfect esteem and respect, with which I have the

honor to be, Dear Sir, your most obedient and most humble servant,

Th: Jefferson.

LETTER XLVI.--TO JOSHUA JOHNSON, December 17, 1790

TO JOSHUA JOHNSON.

Philadelphia, December 17, 1790.

Sir,

Though not yet informed of your receipt of my letter, covering your

commission as Consul for the United States in the port of London, yet

knowing that the ship has arrived by which it went, I take for granted

the letter and commission have gone safe to hand, and that you have been

called into the frequent exercise of your office for the relief of our

seamen, upon whom such multiplied acts of violence have been committed

in England, by press-gangs, pretending to take them for British

subjects, not only without evidence, but against evidence. By what means

may be procured for our seamen, while in British ports, that security

for their persons which the laws of hospitality require, and which the

British nation will surely not refuse, remains to be settled. In

the mean time, there is one of these cases, wherein so wilful and so

flagrant a violation has been committed by a British officer, on the

person of one of our citizens, as requires that it be laid before

his government, in friendly and firm reliance of satisfaction for the

injury, and of assurance for the future, that the citizens of the United

States, entering the ports of Great Britain, in pursuit of a lawful

commerce, shall be protected by the laws of hospitality in usage among

nations.

It is represented to the President of the United States, that Hugh

Purdie, a native of Williamsburg in Virginia, was, in the month of

July last, seized in London by a party of men, calling themselves

press-officers, and pretending authority from their government so to

do, notwithstanding his declarations and the evidence he offered of his

being a native citizen of the United States; and that he was transferred

on board the Crescent, a British ship of war, commanded by a Captain

Young. Passing over the intermediate violences exercised on him,

because not peculiar to his case (so many other American citizens having

suffered the same), I proceed to the particular one which distinguishes

the present representation. Satisfactory evidence having been produced

by Mr. John Brown Cutting, a citizen of the United States, to the Lords

of the Admiralty, that Hugh Purdie was a native citizen of the same

States, they, in their justice, issued orders to the Lord Howe, their

Admiral, for his discharge. In the mean time, the Lord Howe had sailed

with the fleet of which the Crescent was.

But, on the 27th of August, he wrote to the board of admiralty, that

he had received their orders for the discharge of Hugh Purdie, and had

directed it accordingly. Notwithstanding these orders, the receipt of

which at sea Captain Young acknowledges, notwithstanding Captain Young’s

confessed knowledge that Hugh Purdie was a citizen of the United States,

from whence it resulted that his being carried on board the Crescent

and so long detained there had been an act of wrong, which called for

expiatory conduct and attentions, rather than new injuries on his part

towards the sufferer, instead of discharging him, according to the

orders he had received, on his arrival in port, which was on the 14th

of September, he, on the 15th, confined him in irons for several hours,

then had him bound and scourged in presence of the ship’s crew, under

a threat to the executioner, that if he did not do his duty well, he

should take the place of the sufferer. At length he discharged him

on the 17th, without the means of subsistence for a single day. To

establish these facts, I enclose you copies of papers communicated to

me by Mr. Cutting, who laid the case of Purdie before the board of

admiralty, and who can corroborate them by his personal evidence. He

can especially verify the letter of Captain Young, were it necessary

to verify a paper, the original of which is under the command of his

Majesty’s ministers, and this paper is so material, as to supersede of

itself all other testimony, confessing the orders to discharge Purdie,

that yet he had whipped him, and that it was impossible, without giving

up all sense of discipline, to avoid whipping a free American citizen.

We have such confidence in the justice of the British government, in

their friendly regard to these States, in their respect for the honor

and good understanding of the two countries, compromitted by this act of

their officer, as not to doubt their due notice of him, indemnification

to the sufferer, and a friendly assurance to these States that effectual

measures shall be adopted in future, to protect the persons of their

citizens while in British ports.

By the express command of the President of the United States, you are

to lay this case, and our sense of it, before his Britannic Majesty’s

Minister for Foreign Affairs, to urge it on his particular notice by all

the motives which it calls up, and to communicate to me the result.

I have the honor to be, with great esteem, your most obedient, humble

servant,

Th: Jefferson.

LETTER XLVII.--TO JOSHUA JOHNSON, December 23, 1790

TO JOSHUA JOHNSON.

Philadelphia, December 23, 1790.

Dear Sir,

The vexations of our seamen, and their sufferings under the press-gangs

of England, have become so serious, as to oblige our government to take

serious notice of it. The particular case has been selected where

the insult to the United States has been the most barefaced, the most

deliberately intentional, and the proof the most complete. The

enclosed letter to you is on that subject, and has been written on the

supposition that you would show the original to the Duke of Leeds,

and give him a copy of it, but as of your own movement, and not as if

officially instructed so to do. You will be pleased to follow up this

matter as closely as decency will permit, pressing it in firm but

respectful terms, on all occasions. We think it essential that Captain

Young’s case may be an example to others. The enclosed, letters are

important. Be so good as to have them conveyed by the surest means

possible. I am, with great esteem, Dear Sir, you most obedient and most

humble servant,

Th: Jefferson.

LETTER XLVIII.--TO CHARLES HELLSTEDT, February 14,1791

TO CHARLES HELLSTEDT, Swedish Consul.

Philadelphia, February 14,1791.

Sir, I now return you the papers you were pleased to put into my

hands, when you expressed to me your dissatisfaction that our court of

admiralty had taken cognizance of a complaint of some Swedish

sailors against their captain for cruelty. If there was error in this

proceeding, the law allows an appeal from that to the Supreme Court;

but the appeal must be made in the forms of the law, which have nothing

difficult in them. You were certainly free to conduct the appeal

yourself, without employing an advocate, but then you must do it in the

usual form. Courts of justice, all over the world, are held by the laws

to proceed according to certain forms, which the good of the suitors

themselves requires they should not be permitted to depart from.

I have further to observe to you, Sir, that this question lies

altogether with the courts of justice; that the constitution of the

United States having divided the powers of government into three

branches, legislative, executive, and judiciary, and deposited each with

a separate body of magistracy, forbidding either to interfere in the

department of the other, the executive are not at liberty to intermeddle

in the present question. It must be ultimately decided by the Supreme

Court. If you think proper to carry it into that, you may be secure of

the strictest justice from them. Partialities they are not at liberty to

show. But for whatever may come before the executive, relative to

your nation, I can assure you of every favor which may depend on their

dispositions to cultivate harmony and a good understanding with it.

I have the honor to be, with great esteem, Sir, your most obedient and

most humble servant,

Th: Jefferson.

LETTER XLIX.--TO M. DE PINTO, February 21,1791

TO M. DE PINTO.

Philadelphia, February 21,1791.

Sir,

I have duly received the letter of November the 30th, which your

Excellency did me the honor to write, informing me that her Most

Faithful Majesty had appointed Mr. Freire her minister resident with us,

and stating the difficulty of meeting us in the exchange of a _chargé

des affaires_, the grade proposed on our part. It is foreseen that a

departure from our system in this instance will materially affect our

arrangements with other nations; but the President of the United States

has resolved to give her Majesty this proof of his desire to concur in

whatever may best tend to promote that harmony and perfect friendship,

so interesting to both countries. He has, therefore, appointed Colonel

Humphreys to be minister resident for the United States at the court of

her Majesty. This gentleman has long been of the President’s own family,

and enjoys his particular confidence. I make no doubt he will so conduct

himself, as to give perfect satisfaction to her Majesty and yourself,

and I therefore recommend him to your friendly attention and respect.

Mr. Freire will have every title to the same from us, and will assuredly

receive it. It is always with pleasure, that I repeat the homage of

those sentiments of respect and esteem with which I have the honor to be

your Excellency’s most obedient and most humble servant,

Th: Jefferson.

LETTER L.--TO WILLIAM SHORT, March 8,1791

TO WILLIAM SHORT.

Philadelphia, March 8,1791.

Dear Sir,

A conveyance offering by which we can send large packets, you will

receive herewith the following articles.

1. The newspapers.

2. The acts of the second session of Congress.

3. A report on the fisheries of the United States. It is thought that

this contains matter which may be usefully communicated. I am persuaded

the better this subject is understood in France, the more they will see

their interest in favoring our fisheries.

4. A letter from the President to the King, of which an open copy is

enclosed for your information.

5. A letter from myself to the Count de Moustier, in answer to his to

the President and myself, taking leave.

6. A letter from myself to the President of the National Assembly of

France, in answer to his to Congress on the death of Dr. Franklin.

Let it be understood, that Congress can only correspond through the

executive, whose organ in the case of foreign nations is the Secretary

of State. The President of the United States being co-ordinate with

Congress, cannot personally be their scribe.

7. Some papers in a case interesting to Dr. M’Henry, of Baltimore. He

at first sent them to me, with a desire to commit the subject of them

wholly to you. I informed him, we could not consent that you should be

used as the agent of private individuals, but that if he would provide

an agent on the spot who would undertake the details of solicitation,

management, correspondence, &c. I would desire you to patronize the

measure so far as you should find it prudent and just. It is put on this

footing, as you will see by his answer to me.

8. A correction of the report on weights and measures.

You are desired to have a medal of gold struck from the diplomatic die

formerly ordered, and present it with a chain of gold to the Count de

Moustier, who is notified that this will be done by you. I formerly

informed you, that we proposed to vary the worth of the present, by

varying the size of the links of the chain, which are fixed at three

hundred and sixty-five in number. Let each link, in the present

instance, contain six livres worth of gold, and let it be made of

plain wire, so that the value may be in the metal and not at all in the

workmanship. I shall hope to receive the dies themselves, when a safe

conveyance presents itself. I am, with great esteem, Dear Sir, your

friend and servant,

Th: Jefferson.

LETTER LI.--TO THE PRESIDENT OF THE NATIONAL ASSEMBLY, March 8, 1791

TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE.

Philadelphia, March 8, 1791.

Sir,

I have it in charge from the President of the United States of America,

to communicate to the National Assembly of France, the peculiar

sensibility of Congress to the tribute paid to the memory of Benjamin

Franklin, by the enlightened and free representatives of a great nation,

in their decree of the 11th of June, 1790.

That the loss of such a citizen should be lamented by us, among whom he

lived, whom he so long and eminently served, and who feel their country

advanced and honored by his birth, life, and labors, was to be expected.

But it remained for the National Assembly of France to set the first

example of the representative of one nation, doing homage, by a public

act, to the private citizen of another, and by withdrawing arbitrary

lines of separation, to reduce into one fraternity the good and the

great, wherever they have lived or died.

That these separations may disappear between us in all times and

circumstances, and that the union of sentiment which mingles our sorrows

on this occasion, may continue long to cement the friendship and the

interests of our two nations, is our constant prayer. With no one is

it more sincere than with him, who, in being charged with the honor of

conveying a public sentiment, is permitted that of expressing the homage

of profound respect and veneration, with which he is, Sir, your most

obedient and most humble servant,

Th: Jefferson.

LETTER LII.--TO WILLIAM CARMICHAEL, March 12, 1791

TO WILLIAM CARMICHAEL.

Philadelphia, March 12, 1791,

Sir,

I enclose you a statement of the case of Joseph St. Marie, a citizen

of the United States of America, whose clerk, Mr. Swimmer, was, in

the latter part of the year 1787, seized on the eastern side of the

Mississippi, in latitude 34° 40’, together with his goods, of the value

of nineteen hundred and eighty dollars, by a party of Spanish soldiers.

They justified themselves under the order of a Mr. Valliere, their

officer, who avowed authority from the Governor of New Orleans,

requiring him to seize and confiscate all property found on either side

of the Mississippi, below the mouth of the Ohio. The matter being then

carried by St. Marie before the Governor of New Orleans, instead

of correcting the injury, he avowed the act and its principle, and

pretended orders from his court for this and more. We have so much

confidence, however, in the moderation and friendship of the court

of Madrid, that we are more ready to ascribe this outrage to officers

acting at a distance, than to orders from a just sovereign. We have

hitherto considered the delivery of the post of the Natches, on the part

of Spain, as only awaiting the result of those arrangements which

have been under amicable discussion between us; but the remaining in

possession of a post which is so near our limit of thirty-one degrees,

as to admit some color of doubt whether it be on our side or theirs, is

one thing; while it is a very different one, to launch two hundred and

fifty miles further, and seize the persons and property of our citizens;

and that too, in the very moment that a friendly accommodation of all

differences is under discussion. Our respect for their candor and good

faith does not permit us to doubt, that proper notice will be taken of

the presumption of their officer, who has thus put to hazard the peace

of both nations, and we particularly expect that indemnification will be

made to the individual injured. On this you are desired to insist in the

most friendly terms, but with that earnestness and perseverance which

the complexion of this wrong requires. The papers enclosed will explain

the reasons of the delay which has intervened. It is but lately they

have been put into the hands of our government.

We cannot omit this occasion of urging on the court of Madrid the

necessity of hastening a final acknowledgment of our right to navigate

the Mississippi; a right which has been long suspended in exercise, with

extreme inconvenience on our part, merely with a desire of reconciling

Spain to what it, is impossible for us to relinquish. An accident at

this day, like that now complained of, would put further parley beyond

our power; yet to such accidents we are every day exposed by the

irregularities of their officers, and the impatience of our citizens.

Should any spark kindle these dispositions of our borderers into a

flame, we are involved beyond recall by the eternal principles of

justice to our citizens, which we will never abandon. In such an event,

Spain cannot possibly gain; and what may she not lose?

The boldness of this act of the Governor of New Orleans, and of his

avowal of it, renders it essential to us to understand the court of

Spain on this subject. You will therefore avail yourself of the earliest

occasion of obtaining their sentiments, and of communicating them to us.

I have the honor to be, with great esteem, Sir, your most obedient and

most humble servant,

Th: Jefferson.

LETTER LIII.--TO WILLIAM SHORT, March 12,1791

TO WILLIAM SHORT.

Philadelphia, March 12,1791.

Dear Sir,

The enclosed papers will explain to you a case which imminently

endangers the peace of the United States with Spain. It is not indeed of

recent date, but it has been recently laid before government, and is

of so bold a feature, as to render dangerous to our rights a further

acquiescence in their suspension. The middle ground held by France

between us and Spain, both in friendship and interest, requires that

we should communicate with her with the fullest confidence on this

occasion. I therefore enclose you a copy of my letter to Mr. Carmichael,

and of the papers it refers to, to be communicated to Monsieur de

Montmorin, whose efficacious interference with the court of Madrid you

are desired to ask. We rely with great confidence on his friendship,

justice, and influence.

A cession of the navigation of the Mississippi, with such privileges

as to make it useful, and free from future chicane, can be no longer

dispensed with on our part: and perhaps while I am writing, something

may have already happened to cut off this appeal to friendly

accommodation. To what consequences such an event would lead, cannot be

calculated. To such, very possibly, as we should lament, without being

able to control. Your earnestness with Monsieur de Montmorin, and

his with the court of Spain, cannot be more pressing than the present

situation and temper of this country requires. The case of St. Marie

happens to be the incident presenting itself in the moment, when the

general question must otherwise have been brought forward.. We rely, on

this occasion, on the good offices of the Marquis de la Fayette, whom

you are desired to interest in it.

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

most humble servant,

Th: Jefferson.

LETTER LIV.--TO WILLIAM SHORT, March 15, 1791

TO WILLIAM SHORT.

Philadelphia, March 15, 1791.

Dear Sir,

In mine of January the 23rd, I acknowledged the receipt of your letters

from No. 29 to 48 inclusive, except 31, 44, 45, 46. Since that, I have

received Nos. 45 and 50, the former in three months and seven days, the

latter in two months and seventeen days, by the English packet, which

had an uncommonly long passage. Nos. 31, 44, 46,47, 48, 49, are still

missing. They have probably come through merchant vessels and merchants,

who will let them lie on their counters two or three months before they

will forward them. I wrote you on the 8th and 12th instant, by a private

hand, on particular subjects. I am not certain whether this will be in

time to go by the same conveyance. In yours of December the 23rd, you

suppose we receive regularly the journals of the National Assembly from

your secretary at Paris, but we have never received any thing from him.

Nothing has been addressed to him, his name being unknown to us.

It gives great satisfaction, that the _Arrêt du Conseil_ of December,

1787, stands a chance of being saved. It is in truth the sheet-anchor

of our connection with France, which will be much loosened when that

is lost. This _Arrêt_ saved, a free importation of salted meats into

France, and of provisions of all kinds into her colonies, will bind our

interests to that country more than to all the world besides. It has

been proposed in Congress to pass a navigation act, which will deeply

strike at that of Great Britain. I send you a copy of it. It is probable

the same proposition will be made at the next Congress, as a first step,

and for one more extensive at a later period. It is thought the first

will be carried: the latter will be more doubtful. Would it not be worth

while to have the bill now enclosed, translated, printed, and circulated

among the members of the National Assembly? If you think so, have

it done at the public expense, with any little comment you may think

necessary, concealing the quarter from whence it is distributed; or take

any other method you think better, to see whether that Assembly will

not pass a similar act. I shall send copies of it to Mr. Carmichael, at

Madrid, and to Colonel Humphreys, appointed resident at Lisbon, with

a desire for them to suggest similar acts there. The measure is just,

perfectly innocent as to all other nations, and will effectually defeat

the navigation act of Great Britain, and reduce her power on the ocean

within safer limits.

The time of the late Congress having expired on the 3rd instant, they

then separated of necessity. Much important matter was necessarily laid

over; this navigation act among others. The land law was put off, and

nothing further done with the mint than to direct workmen to be engaged.

The new Congress will meet on the 4th Monday in October. Their laws

shall be sent you by the first opportunity after they shall be printed.

You will receive herewith those of their second session. We know that

Massachusetts has agreed to the amendments to the constitution, except

(as is said) the first, second, and twelfth articles. The others,

therefore, are now in force. The articles excepted, will depend on the

other legislatures. The late expedition against the northern Indians

having been ineffectual, more serious operations against them will

be undertaken as soon as the season admits. The President is just now

setting out on a tour to the southern States, from whence he will

not return till June. The British packet being the quickest mode of

conveyance, I shall avail myself of that, as well as of the French

packet, to write to you. Are the letters which now pass through the

French post-offices opened, as they were under the former government?

This is important for me to know.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3 · 第 8 / 50 段