and sent by a passenger in the British packet of February, will have
conveyed to you your appointment as Minister Plenipotentiary of the
United States, at the court of France. By the Pennsylvania, Captain
Harding, bound to Havre de Grace, and plying pretty regularly between
this place and that, you will receive the present letter, with the laws
of the United States, journals of Congress, and gazettes to this day,
addressed to the care of M. de la Motte. You will also receive a letter
from the President to the King of France, in answer to his announcing
the acceptance of the constitution, which came to hand only a week ago.
A copy of this letter is sent for your own use. You will be pleased
to deliver the sealed one (to the minister I presume, according to the
ancient etiquette of the court), accompanying it with the assurances of
friendship, which the occasion may permit you to express, and which are
cordially felt by the President and the great body of our nation. We
wish no occasion to be omitted of impressing the National Assembly
with this truth. We had expected, ere this, that in consequence of the
recommendation of their predecessors, some overtures would have been
made to us on the subject of a treaty of commerce. An authentic copy
of the recommendation was delivered, but nothing said about carrying it
into effect. Perhaps they expect that we should declare our readiness to
meet them on the ground of treaty. If they do, we have no hesitation to
declare it. In the mean time, if the present communications produce any
sensation, perhaps it may furnish a good occasion to endeavor to have
matters re-placed _in statu quo_, by repealing the late innovations as
to our ships, tobacco, and whale-oil. It is right that things should be
on their ancient footing, at opening the treaty. M. Ternant has applied
here for four hundred thousand dollars for the succor of the French
colonies. The Secretary of the Treasury has reason to believe, that the
late loan at Antwerp has paid up all our arrearages to France, both of
principal and interest, and consequently, that there is no part of our
debt exigible at this time. However, the legislature having authorized
the President to proceed in borrowing to pay off the residue, provided
it can be done to the advantage of the United States, it is thought the
law will be satisfied with avoiding loss to the United States. This has
obliged the Secretary of the Treasury to require some conditions, which
may remove from us that loss which we encountered, from an unfavorable
exchange, to pay what was exigible, and transfer it to France as
to payments not exigible. These shall be fully detailed to you when
settled. In the mean time, the money will be furnished as far as it
can be done. Indeed, our wishes are cordial for the re-establishment
of peace and commerce in those colonies, and to give such proofs of our
good faith both to them and the mother country, as to suppress all that
jealousy which might oppose itself to the free exchange of our mutual
productions, so essential to the prosperity of those colonies, and
to the preservation of our agricultural interest. This is our true
interest, and our true object, and we have no reason to conceal views
so justifiable, though the expression of them may require that the
occasions be proper and the terms chosen with delicacy. The gazettes
will inform you of the proceedings of Congress, the laws passed and
proposed, and generally speaking, of all public transactions. You will
perceive that the Indian war calls for sensible exertions. It would have
been a trifle had we only avowed enemies to contend with. The British
court have disavowed all aid to the Indians. Whatever may have been
their orders in that direction, the Indians are fully and notoriously
supplied by their agents with every thing necessary to carry on the war.
Time will show how all this is to end. Besides the laws, journals,
and newspapers, before mentioned, you will receive herewith the State
constitutions, the census, and almanac, and an answer to Lord Sheffield
on our commerce. A cipher is ready for you, but cannot be sent till we
can find a trusty passenger going to Paris.
I am, with great respect and esteem, Dear Sir, your most obedient and
most humble servant,
Th: Jefferson.
Since writing the preceding, the two Houses have come to resolutions on
the King’s letter, which are enclosed in the President’s, and copies of
them accompany this for your use. T.J.
LETTER XCIX.--TO MESSRS. CARMICHAEL AND SHORT, March 18, 1792
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, March 18, 1792.
Gentlemen,
The President having thought proper to appoint you joint commissioners
plenipotentiary, on the part of the United States, to treat with the
court of Madrid on the subjects of the navigation of the Mississippi,
arrangements on our limits, and commerce, you will herewith receive your
commission; as also observations on these several subjects, reported
to the President and approved by him, which will therefore serve
as instructions for you. These expressing minutely the sense of our
government and what they wish to have done, it is unnecessary for me to
do more here than desire you to pursue these objects unremittingly, and
endeavor to bring them to an issue, in the course of the ensuing summer.
It is desirable that you should keep an exact journal of what shall pass
between yourselves and the court or their negotiator, and communicate it
from time to time to me, that your progress and prospects may be known.
You will be the best judges whether to send your letters by Lisbon,
Cadiz, or what other route; but we shall be anxious to hear from you as
often as possible. If no safe conveyance occurs from Madrid to Lisbon,
and your matter should be of importance sufficient to justify the
expense, a courier must be sent; but do not incur the expense, unless it
be to answer some good end.
I have the honor to be, with great and sincere esteem, Gentlemen, your
most obedient and most humble servant,
Th: Jefferson.
LETTER C.--TO COLONEL PICKERING, March 28, 1792
TO COLONEL PICKERING.
Philadelphia, March 28, 1792.
Sir,
The President has desired me to confer with you on the proposition I
made the other day, of endeavoring to move the posts at the rate of one
hundred miles a day. It is believed to be practicable here, because it
is practised in every other country. The difference of expense alone
appeared to produce doubts with you on the subject. If you have no
engagement for dinner to-day, and will do me the favor to come and dine
with me, we will be entirely alone, and it will give us time to go over
the matter and weigh it thoroughly. I will, in that case, ask the favor
of you to furnish yourself with such notes as may ascertain the present
expense of the posts, for one day in the week, to Boston and Richmond,
and enable us to calculate the savings which may be made by availing
ourselves of the stages. Be pleased to observe that the stages travel
all the day. There seems nothing necessary for us then, but to hand the
mail along through the night till it may fall in with another stage the
next day, if motives, of economy should oblige us to be thus attentive
to small savings. If a little latitude of expense can be allowed, I
should be for only using the stages the first day, and then have
our riders. I am anxious that the thing should be begun by way of
experiment, for a short distance, because I believe it will so increase
the income of the post-office as to show we may go through with it. I
shall hope to see you at three o’clock.
I am with great esteem, Sir, your most obedient, humble servant,
Th: Jefferson.
LETTER CI.--TO MR. HAMMOND, March 31, 1792
TO MR. HAMMOND.
Philadelphia, March 31, 1792.
Sir,
I received yesterday your favor of the day before, and immediately laid
it before the President of the United States. I have it in charge from
him to express to you the perfect satisfaction which these assurances on
the part of your court have given him, that Bowles, who is the subject
of them, is an unauthorized impostor. The promptitude of their disavowal
of what their candor had forbidden him to credit, is a new proof of
their friendly dispositions, and a fresh incitement to us to cherish
corresponding sentiments. To these we are led both by interest and
inclination, and I am authorized to assure you that no occasion will be
omitted, on our part, of manifesting their sincerity.
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 CII.--TO GOVERNOR PINCKNEY, April 1, 1792
TO GOVERNOR PINCKNEY.
Philadelphia, April 1, 1792.
Sir,
Your letter of January the 8th to the President of the United States
having been referred to me, I have given the subject of it as mature
consideration as I am able. Two neighboring and free governments,
with laws equally mild and just, would find no difficulty in forming
a convention for the interchange of fugitive criminals. Nor would two
neighboring despotic governments, with laws of equal severity. The
latter wish that no door should be opened to their subjects flying from
the oppression of their laws. The fact is, that most of the governments
on the continent of Europe have such conventions; but England, the only
free one till lately, has never yet consented either to enter into a
convention for this purpose, or to give up a fugitive. The difficulty
between a free government and a despotic one is indeed great. I have the
honor to enclose to your Excellency a sketch of the considerations which
occurred to me on the subject, and which I laid before the President. He
has, in consequence, instructed me to prepare a project of a convention,
to be proposed to the court of Madrid, which I have accordingly done,
and now enclose a copy of it. I wish it may appear to you satisfactory.
Against property we may hope it would be effectual; whilst it leaves a
door open to life and liberty except in a single unquestionable case.
Messrs. Carmichael and Short will be instructed to make this one of the
subjects of their negotiation with the court of Spain. I have the honor
to be, with sentiments of the most perfect esteem and respect, your
Excellency’s most obedient and most humble servant,
Th: Jefferson.
LETTER CIII.--TO COLONEL HUMPHREYS, April 9, 1792
TO COLONEL HUMPHREYS.
Philadelphia, April 9, 1792.
Dear Sir,
My last to you were of the 29th of November and the 13th of December.
I have now to acknowledge the receipt of your Nos. 34 to 44, inclusive.
The river here and at New York having remained longer blocked with ice
than has been usual, has occasioned a longer interval than usual between
my letters. I have particularly to acknowledge, that Mr. Barclay’s
receipt of drafts from you on our bankers in Holland for thirty-two
thousand one hundred and seventy-five florins has come safely to my
hands, and is deposited in my office, where it will be to be found
wrapped in the letter in which it came. You have been before informed of
the failure of our arms against the Indians, the last year. General St.
Clair has now resigned that command. We are raising our western force to
five thousand men. The stock-jobbing speculations have occupied some of
our countrymen to such a degree, as to give sincere uneasiness to those
who would rather see their capitals employed in commerce, manufactures,
buildings, and agriculture. The failure of Mr. Duer, the chief of that
description of people, has already produced some other bankruptcies, and
more are apprehended. He had obtained money from great numbers of small
tradesmen and farmers, tempting them by usurious interest, which
has made the distress very extensive. Congress will adjourn within a
fortnight. The President negatived their representation bill, as framed
on principles contrary to the constitution. I suppose another will
be passed, allowing simply a representative for every thirty or
thirty-three thousand, in each State. The troubles in the French island
continue extreme; we have, as yet, heard of the arrival but of a few
troops. There begins to be reason to apprehend, the negroes will perhaps
never be entirely reduced. A commission has issued to Mr. Carmichael and
Mr. Short, to treat with the court of Madrid on the subjects heretofore
in negotiation between us. I suppose Mr. Short will be in Madrid by the
last of May. We expect Major Pinckney here hourly, on his way to London,
as our Minister Plenipotentiary to that court. For a state of our
transactions in general, I refer you to the newspapers which accompany
this. I put under your cover letters and newspapers for Mr. Carmichael
and Mr. Barclay, which I pray you to contrive by some sure
conveyances. We must make you, for some time, the common centre of our
correspondence.
I am with great and sincere respect and esteem, Dear Sir, your most
obedient and most humble servant,
Th: Jefferson.
LETTER CIV.--TO MR. HAMMOND, April 12, 1792
TO MR. HAMMOND.
Philadelphia, April 12, 1792.
Sir,
I am this moment favored with the letter you did me the honor of writing
yesterday, covering the extract of a British statute forbidding the
admission of foreign vessels into any ports of the British dominions,
with goods or commodities of the growth, production, or manufacture of
America. The effect of this appears to me so extensive, as to induce
a doubt whether I understand rightly the determination to enforce it,
which you notify, and to oblige me to ask of you whether we are
to consider it as so far a revocation of the proclamation of your
government, regulating the commerce between the two countries, and that
henceforth no articles of the growth, production, or manufacture of the
United States, are to be received in the ports of Great Britain or
Ireland, in vessels belonging to the citizens of the United States.
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 CV.--TO MR. HAMMOND, April 13,1792
The Secretary of State presents his compliments to Mr. Hammond, and
encloses him the draught of a letter to the President of the United
States, which he has prepared to accompany Mr. Hammond’s communication
of the 11th and letter of the 12th. The whole will probably be laid by
the President before the legislature, and perhaps communicated to the
public, in order to let the merchants know that they need not suspend
their shipments, but to the islands of Jersey and Guernsey. Before
sending the letter to the President, the Secretary of State has chosen
to communicate it to Mr. Hammond in a friendly way, being desirous to
know whether it meets his approbation, or whether he would wish any
alterations in it.
April 13,1792.
LETTER CVI.--TO THE PRESIDENT, April 13, 1792
TO THE PRESIDENT.
Philadelphia, April 13, 1792,
Sir,
I have the honor to lay before you a communication from Mr. Hammond,
Minister Plenipotentiary of his Britannic Majesty, covering a clause
of a statute of that country relative to its commerce with this, and
notifying a determination to carry it into execution henceforward.
Conceiving that the determination announced could not be really meant
as extensively as the words import, I asked and received an explanation
from the minister, as expressed in the letter and answer herein
enclosed: and on consideration of all circumstances, I cannot but
confide in the opinion expressed by him, that its sole object is to
exclude foreign vessels from the islands of Jersey and Guernsey. The
want of proportion between the motives expressed and the measure, its
magnitude, and consequences, total silence as to the proclamation on
which the intercourse between the two countries has hitherto hung, and
of which, in this broad sense, it would be a revocation, and the recent
manifestations of the disposition of that government to concur with this
in mutual offices of friendship and good will, support his construction.
The minister, moreover, assured me verbally, that he would immediately
write to his court for an explanation, and, in the mean time, is of
opinion that the usual intercourse of commerce between the two countries
(Jersey and Guernsey excepted) need not be suspended.
I have the honor to be, with sentiments of the most profound respect and
attachment, Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER CVII.--TO MESSRS. CARMICHAEL AND SHORT, April 24, 1792
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, April 24, 1792.
Gentlemen,
My letter of March the 18th conveyed to you full powers for treating
with Spain on the subjects therein expressed. Since that, our attention
has been drawn to the case of fugitive debtors and criminals, whereon it
is always well that coterminous States should understand one another, as
far as their ideas on the rightful powers of government can be made to
go together. Where they separate, the cases may be left unprovided for.
The enclosed paper, approved by the President, will explain to you how
far we can go, in an agreement with Spain for her territories bordering
on us: and the plan of a convention is there stated. You are desired to
propose the matter to that court, and establish with them so much of it
as they approve, filling up the blank for the manner of the demand by us
and compliance by them, in such way, as their laws and the organization
of their government may require. But recollect that they bound on us
between two and three thousand miles, and consequently, that they should
authorize a delivery by some description of officers to be found on
every inhabited part of their border. We have thought it best to agree,
specially, the manner of proceeding in our country, on a demand of
theirs, because the convention will in that way execute itself, without
the necessity of a new law for the purpose. Your general powers being
comprehensive enough to take in this subject, no new ones are issued.
I have the honor to be, with great respect, Gentlemen, your most
obedient and most humble servant,
Th: Jefferson.
[The annexed are the papers referred to in the preceding.]
_Project of a Convention with the Spanish Provinces_.
Any person having committed murder of malice prepense, not of the nature
of treason, within the United States or the Spanish provinces adjoining
thereto, and fleeing from the justice of the country, shall be delivered
up by the government where he shall be found, to that from which he
fled, whenever demanded by the same.
The manner of the demand by the Spanish government, and of the
compliance by that of the United States, shall be as follows. The person
authorized by the Spanish government, where the murder was committed,
to pursue the fugitive, may apply to any justice of the Supreme Court
of the United States, or to the district judge of the place where the
fugitive is, exhibiting proof on oath that a murder has been committed
by the said fugitive within the said government, who shall thereon
issue his warrant to the marshal or deputy-marshal of the same place, to
arrest the fugitive and have him before the said district judge; or the
said pursuer may apply to such marshal or deputy-marshal directly,
who on exhibition of proof as aforesaid, shall thereupon arrest the
fugitive, and carry him before the said district judge; and when before
him in either way, he shall, within not less than ---------days, nor
more than ---------, hold a special court of inquiry, causing a grand
jury to be summoned thereto, and charging them to inquire whether the
fugitive hath committed a murder, not of the nature of treason, within
the province demanding him, and on their finding a true bill, the judge
shall order the officer in whose custody the fugitive is, to deliver
him over to the person authorized as aforesaid to receive him, and shall
give such further authorities to aid the said person in safe-keeping and
conveying the said fugitive to the limits of the United States, as
shall be necessary and within his powers; and his powers shall expressly
extend to command the aid of posse of every district through which the
said fugitive is to be carried. And the said justices, judges, and other
officers, shall use in the premises the same process and proceedings,
_mutatis mutandis_, and govern themselves by the same principles and
rules of law, as in cases of murder committed on the high seas.
And the manner of demand by the United States and of compliance by
the Spanish government shall be as follows. The person authorized by a
justice of the Supreme Court of the United States, or by the district
judge where the murder was committed, to pursue the fugitive, may apply
to ---------
Evidence on oath, though written and _ex parte_, shall have the same
weight with the judge and grand jury in the preceding cases, as if the
same had been given before them orally and in presence of the prisoner.
The courts of justice of the said States and provinces, shall be
reciprocally open for the demand and recovery of debts due to any person
inhabiting the one, from any person fled therefrom and found in the
other, in like manner as they are open to their own citizens; likewise,
for the recovery of the property, or the value thereof, carried away
from any person inhabiting the one, by any person fled therefrom and
found in the other, which carrying away shall give a right of civil
action, whether the fugitive came to the original possession lawfully
or unlawfully, even feloniously; likewise, for the recovery of damages
sustained by any forgery committed by such fugitive. And the same
provision shall hold in favor of the representatives of the original
creditor or sufferer, and against the representatives of the original
debtor, carrier away, or forger; also, in favor of either government or
of corporations, as of natural persons. But in no case shall the person
of the defendant be imprisoned for the debt, though the process, whether
original, mesne, or final, be for the form sake directed against his
person. If the time between the flight and the commencement of the
action exceed not ------ years, it shall be counted but as one day under
any act of limitations.
This convention shall continue in force --------- years, from the
exchange of ratifications, and shall not extend to any thing happening
previous to such exchange.
_Heads of consideration on the establishment of conventions between the
United States and their neighbors, for the mutual delivery of fugitives
from justice._
Has a nation a right to punish a person who has not offended itself?
Writers on the law of nature agree that it has not. That, on the
contrary, exiles and fugitives are, to it, as other strangers, and have
a right of residence, unless their presence would be noxious; e. g.
infectious persons. One writer extends the exception to atrocious
criminals, too imminently dangerous to society; namely, to pirates,
murderers, and incendiaries. Vattel, L. 1.5. 233.
The punishment of _piracy_, being provided for by our laws, need not be
so by convention.
_Murder_. Agreed that this is one of the extreme crimes justifying a
denial of habitation, arrest, and re-delivery. It should be carefully
restrained by definition to homicide of malice prepense, and not of the
nature of treason.
_Incendiaries_, or those guilty of _arson_. This crime is so rare as not
to call for extraordinary provision by a convention. The only rightful
subject then of arrest and delivery, for which we have need, is
murder. Ought we to wish to strain the natural right of arresting and
re-delivering fugitives to other cases?
The punishment of all real crimes is certainly desirable, as a security
to society; the security is greater in proportion as the chances of
avoiding punishment are less. But does the fugitive from his country
avoid punishment? He incurs exile, not voluntary, but under a moral
necessity as strong as physical. Exile, in some countries, has been
the highest punishment allowed by the laws. To most minds it is next to
death; to many beyond it. The fugitive indeed is not of the latter; he
must estimate it somewhat less than death. It may be said that to some,
as foreigners, it is no punishment.
Answer. These cases are few. Laws are to be made for the mass of cases.
The object of a convention then, in other cases, would be, that the
fugitive might not avoid the difference between exile and the legal
punishment of the case. Now in what case would this difference be so
important, as to overweigh even the single inconvenience of multiplying
compacts?
1. _Treason_. This, when real, merits the highest punishment. But most
codes extend their definitions of treason to acts not really against
one’s country. They do not distinguish between acts against the
government and acts against the oppressions of the government: the
latter are virtues; yet have furnished more victims to the executioner
than the former; because real treasons are rare, oppressions frequent.
The unsuccessful strugglers against tyranny have been the chief martyrs
of treason-laws in all countries.
Reformation of government with our neighbors; being as much wanted now
as reformation of religion is, or ever was any where, we should not wish
then, to give up to the executioner, the patriot who fails, and flees to
us. Treasons then, taking the simulated with the real, are sufficiently
punished by exile.
2. Crimes against _property_; the punishment in most countries,
immensely disproportionate to the crime.
In England, and probably in Canada, to steal a horse is death, the first
offence; to steal above the value of twelve pence is death, the second
offence. All excess of punishment is a crime. To remit a fugitive to
excessive punishment is to be accessary to the crime. Ought we to wish
for the obligation, or the right to do it? Better, on the whole, to
consider these crimes as sufficiently punished by the exile.
There is one crime, however, against property, pressed by its
consequences into more particular notice, to wit;
_Forgery_, whether of coin or paper; and whether paper of public or
private obligation. But the fugitive for forgery is punished by exile
and confiscation of the property he leaves: to which add by convention,
a civil action against the property he carries or acquires, to the
amount of the special damage done by his forgery.
The carrying away of the property of another, may also be reasonably
made to found a civil action. A convention then may include forgery and
the carrying away the property of others, under the head of,
3. _Flight from debts_.