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.