of the associated company of Irish merchants, in London, and return you
thanks for the kind congratulations you express therein. The freedom of
commerce between Ireland and America is undoubtedly very interesting
to both countries. If fair play be given to the natural advantages of
Ireland, she must come in for a distinguished share of that commerce.
She is entitled to it, from the excellence of some of her manufactures,
the cheapness of most of them, their correspondence with the American
taste, a sameness of language, laws, and manners, a reciprocal affection
between the people, and the singular circumstance of her being the
nearest European land to the United States. I am not, at present, so
well acquainted with the trammels of Irish commerce, as to know what
they are, particularly, which obstruct the intercourse between Ireland
and America; nor, therefore, what can be the object of a fleet stationed
in the western ocean, to intercept that intercourse. Experience,
however, has taught us to infer that the fact is probable, because it
is impolitic. On the supposition that this interruption will take place,
you suggest Ostend as a convenient entrepot for the commerce between
America and Ireland. Here, too, I find myself, on account of the same
ignorance of your commercial regulations, at a loss to say why this is
preferable to L’Orient, which, you know, is a free port and in great
latitude, which is nearer to both parties, and accessible by a less
dangerous navigation. I make no doubt, however, that the reasons of the
preference are good. You find by this essay, that I am not likely to be
a very instructive correspondent: you shall find me, however, zealous in
whatever may concern the interests of the two countries. The system into
which the United States wished to go, was that of freeing commerce from
every shackle. A contrary conduct in Great Britain will occasion, them
to adopt the contrary system, at least as to that island. I am sure
they would be glad, if it should be, found practicable, to make that
discrimination between Great Britain and Ireland, which their commercial
principles, and their affection for the latter, would dictate.
I have the honor to be, with the highest respect for yourself and the
company for whom you write, Sir,
your most obedient
and most humble servant,
Tm: Jefferson.
LETTER CXXXIV.--TO THE COUNT DE VERGENNES, November 14,1785
TO THE COUNT DE VERGENNES.
Paris, November 14,1785.
Sir,
I take the liberty of troubling your Excellency on behalf of six
citizens of the United States, who have been for some time confined in
the prison of St. Pol de Léon, and of referring for particulars to
the enclosed state of their case. Some of the material facts therein
mentioned, are founded on the bill of sale for the vessel, her clearance
from Baltimore, and her log-book. The originals of the two last, and
a copy of the first, are in my hands. I have, also, letters from a
merchant in Liverpool to Asquith, which render it really probable that
his vessel was bound to Liverpool. The other circumstances depend on
their affirmation, but I must say that in these facts they have been
uniform and steady. I have thus long avoided troubling your Excellency
with this case, in hopes it would receive its decision in the ordinary
course of law, and I relied, that that would indemnify the sufferers,
if they had been used unjustly: but though they have been in close
confinement now near three months, it has yet no appearance of
approaching to decision. In the mean time, the cold of the winter is
coming on, and to men in their situation, may produce events which
would render all indemnification too late. I must, therefore, pray the
assistance of your Excellency, for the liberation of their persons, if
the established order of things may possibly admit of it. As to their
property and their personal sufferings hitherto, I have full confidence
that the laws have provided some tribunal where justice will be done
them. I enclose the opinion of an advocate, forwarded to me by a
gentleman whom I had desired to obtain, from some judicious person of
that faculty, a state of their case. This may perhaps give a better idea
than I can, of the situation of their cause. His inquiries have led him
to believe they are innocent men, but that they must lose their vessel
under the edict, which forbids those under thirty tons to approach the
coast. Admitting their innocence, as he does, I should suppose them not
the objects on whom such an edict was meant to operate. The essential
papers, which he says they re-demanded from him, and did not return,
were sent to me, at my desire. I am, with sentiments of the highest
respect, your Excellency’s most obedient
and most humble servant,
Th: Jefferson.
_The case of Lister Asquith, owner of the schooner William and
Catharine, William M’Neil, captain, William Thomson, William Neily,
Robert Anderson, mariners, and William Fowler, passenger_.
Lister Asquith, citizen of the State of Maryland, having a lawsuit
depending in England which required his presence, as involving in its
issue nearly his whole fortune, determined to go thither in a small
schooner of his own, that he might, at the same time, take with him an
adventure of tobacco and flour to Liverpool, where he had commercial
connections. This schooner he purchased as of fifty-nine and a quarter
tons, as appears by his bill of sale, but she had been registered by
her owner at twenty-one tons, in order to evade the double duties in
England, to which American vessels are now subject. He cleared out from
Baltimore for Liverpool, the 11th of June, 1785, with eight hogsheads
of tobacco and sixty barrels of flour, but ran aground at Smith’s point,
sprung a leak, and was obliged to return to Baltimore to refit. Having
stopped his leak, he took his cargo on board again, and his health being
infirm, he engaged Captain William M’Neil* to go with him, and on the
20th of June sailed for Norfolk in Virginia, and, on the 22nd, came to
in Hampton road, at the mouth of the river on which Norfolk is. Learning
here, that tobacco would be better than flour for the English market, he
landed fifty barrels of his flour and one hogshead of tobacco, which
he found to be bad, meaning to take, instead thereof, nine hogsheads of
tobacco more. But the same night it began to blow very hard, with much
rain. The 23d, the storm became more heavy; they let go both their
anchors, but were driven, notwithstanding, from their anchorage, forced
to put to sea and to go before the wind. The occurrences of their voyage
will be best detailed by short extracts from the log-book.
* This was the officer, who, on the evacuation of Fort
Mifflin, after the British had passed the chevaux-de-frise
on the Delaware, was left with fifteen men to destroy the
works, which he did, and brought off his men successfully.
He had, before that, been commander of the Rattlesnake sloop
of war, and had much annoyed the British trade; Being bred a
seaman, he has returned to that vocation.
June 24. The weather becomes worse. One of the fore shrouds and the
foremast, carried away.
June 25. Shifted their ballast, which threw them on their beam ends, and
shipped a very heavy sea. Held a consultation; the result of which
was, that seeing they were now driven so far to sea, and the weather
continuing still very bad, it was better to steer for Liverpool, their
port of destination, though they had not their cargo on board, and no
other clearance but that which they took from Baltimore.
June 29. The first observation they had been able to take N.lat. 38°
13’.
June 30. Winds begin to be light, but the sea still very heavy.
July 5. Light winds and a smooth sea for the first time, in lat. 43°
12’.
July 9. Spoke a French brig, Comte D’Artois, Captain Mieaux, from St.
Maloes, in distress for provisions. Relieved her with three barrels of
flour.
Aug. 6. Thick weather and strong wind. Made the Land’s End of England.
Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and
came to with both anchors. Drove, notwithstanding, and obliged to get up
the anchors, and put to sea, running southwardly.
Aug. 8. Made the land of France, but did not know what part.
Here the log-book ends. At this time they had on board but ten gallons
of water, four or five barrels of bread, two or three pounds of candles,
no firewood. Their sails unfit to be trusted to any longer, and all
their materials for mending them exhausted by the constant repairs which
the violence of the weather had called for. They therefore took a pilot
aboard, who carried them into Pont Duval; but being informed by the
captain of a vessel there, that the schooner was too sharp built (as
the American vessels mostly are) to lie in that port, they put out
immediately, and the next morning the pilot brought them to anchor
in the road of the Isle de Bas. Asquith went immediately to Roscaff,
protested at the admiralty the true state of his case, and reported
his vessel and cargo at the custom-house. In making the report of his
vessel, he stated her as of twenty-one tons, according to his register.
The officer informed him that if she was no larger, she would be
confiscated by an edict, which forbids all vessels, under thirty tons,
to approach the coast. He told the officer what was the real truth as
to his register and his bill of sale, and was permitted to report her
according to the latter. He paid the usual fees of ten livres and
seven sols, and obtained a clearance. Notwithstanding this, he was soon
visited by other persons, whom he supposes to have been _commis_ of the
_Fermes_, who seized his vessel, carried her to the pier, and confined
the crew to the vessel and half the pier, putting centinels over them.
They brought a guager, who measured only her hold and part of her
steerage, allowing nothing for the cockpit, cabin, forecastle, and above
one half of the steerage, which is almost half the vessel, and thus made
her contents (if that had been of any importance) much below the truth.
The tobacco was weighed, and found to be six thousand four hundred and
eighty-seven pounds,* which was sent on the 18th to Landivisiau, and on
the 19th, they were committed to close prison at St. Pol de Léon, where
they have been confined ever since. They had, when they first landed,
some money, of which they were soon disembarrassed by different persons,
who, in various forms, undertook to serve them. Unable to speak or
understand a word of the language of the country, friendless, and left
without money, they have languished three months in a loathsome jail,
without any other sustenance, a great part of the time, than what could
be procured for three sous a day, which have been furnished them to
prevent their perishing.
* A hogshead of tobacco weighs generally about one thousand
pounds, English, equal to nine hundred and seventeen pounds
French. The seven hogsheads he sailed with, would therefore
weigh, according to this estimate, six thousand four hundred
and twenty-three pounds. They actually weighed more on the
first essay. When afterwards weighed at Landivisiau, they
had lost eighty-four pounds on being carried into a drier
air. Perhaps, too, a difference of weights may have entered
into this apparent loss.
They have been made to understand that a criminal process is going on
against them under two heads. 1. As having sold tobacco in contraband;
and 2., as having entered a port of France in a vessel of less than
thirty tons’ burthen. In support of the first charge, they understand
that the circumstance is relied on, of their having been seen off the
coast by the _employés des Fermes_, one or two days. They acknowledge
they may have been so seen while beating off Pont Duval, till they could
get a pilot, while entering that port, and again going round from
thence to the road of the Isle de Bas. The reasons for this have been
explained. They further add, that all the time they were at Pont Duval
they had a King’s officer on board, from whom, as well as from their
pilot, and the captain, by whose advise they left that port for the
Isle de Bas, information can be obtained by their accusers (who are not
imprisoned) of the true motives for that measure. It is said to be
urged also, that there was found in their vessel some loose tobacco in
a blanket, which excites a suspicion that they had been selling tobacco.
When they were stowing their loading, they broke a hogshead, as is
always necessary, and is always done, to fill up the stowage, and to
consolidate and keep the whole mass firm and in place. The loose tobacco
which had come out of the broken hogshead, they re-packed in bags:
but in the course of the distress of their disastrous voyage, they
had employed these bags, as they had done every thing else of the same
nature, in mending their sails. The condition of their sails when they
came into port will prove this, and they were seen by witnesses enough,
to whom their accusers, being at their liberty, can have access.
Besides, the sale of a part of their tobacco is a fact, which, had it
taken place, might have been proved; but they deny that it has been
proved, or ever can be proved by true men, because it never existed. And
they hope the justice of this country does not permit strangers, seeking
in her ports an asylum from death, to be thrown into jail and continued
there indefinitely, on the possibility of a fact, without any proof.
More especially when, as in the present case, a demonstration to the
contrary is furnished by their clearance, which shows they never had
more than eight hogsheads of tobacco on board, of which one had been put
ashore at Hampton in Virginia, as has been before related, and the seven
others remained when they first entered port. If they had been smugglers
of tobacco, the opposite coast offered a much fairer field, because the
gain there is as great; because they understand the language and laws of
the country, they know its harbors and coasts, and have connections
in them. These circumstances are so important to smugglers, that it
is believed no instance has ever occurred of the contraband tobacco,
attempted on this side the channel, by a crew wholly American. Be this
as it may, they are not of that description of men.
As to the second charge, that they have entered a port of France in
a vessel of less than thirty tons’ burthen, they, in the first place,
observe, that they saw the guager measure the vessel, and affirm that
his method of measuring could render little more than half her true
contents: but they say, further, that were she below the size of thirty
tons, and, when entering the port, had they known of the alternative of
either forfeiting their vessel and cargo, or of perishing at sea; they
must still have entered the port: the loss of their vessel and cargo
being the lesser evil. But the character of the lawgiver assures
them, that the intention of his laws are perverted, when misapplied to
persons, who, under their circumstances, take refuge in his ports. They
have no occasion to recur from his clemency to his justice, by claiming
the benefit of that article in the treaty which binds the two nations
together, and which assures to the fugitives of either from the dangers
of the sea, a hospitable reception and necessary aids in the ports of
the other, and that, without measuring the size of their vessel.
Upon the whole, they protest themselves to have been as innocent as they
have been unfortunate. Instead of relief in a friendly port, they have
seen their misfortunes aggravated by the conduct of officers, who, in
their greediness for gain, can see in no circumstance any thing but
proofs of guilt. They have already long suffered and are still suffering
whatever scanty sustenance, an inclement season, and close confinement
can offer most distressing to men who have been used to neither, and who
have wives and children at home participating of their distresses; they
are utterly ignorant of the laws and language of the country, where
they are suffering; they are deprived of that property which would have
enabled them to procure counsel to place their injuries in a true light;
they are distant from the stations of those who are appointed by their
country to patronize their rights; they are not at liberty to go
to them, nor able to have communication through any other than the
uncertain medium of the posts; and they see themselves already ruined by
the losses and delays they have been made to incur, and by the
failure of the original object of their voyage. They throw themselves,
therefore, on the patronage of the government, and pray that its energy
may be interposed in aid of their poverty and ignorance, to restore them
to their liberty, and to extend to them that retribution which the laws
of every country mean to extend to those who suffer unjustly.
LETTER CXXXV.--TO JOHN ADAMS, November 19, 1785
TO JOHN ADAMS.
Paris, November 19, 1785.
Dear Sir,
I wrote to you on the 11th of October, by Mr. Preston, and again on
the 18th of the same month, by post. Since that, yours of September
the 25th, by Mr. Boylston, of October the 24th, November the 1st, and
November the 4th, have come safe to hand. I will take up their several
subjects in order. Boylston’s object was, first, to dispose of a cargo
of spermaceti oil, which he brought to Havre. A secondary one, was to
obtain a contract for future supplies. I carried him to the Marquis
de la Fayette. As to his first object, we are in hopes of getting the
duties taken off, which will enable him to sell his cargo. This has led
to discussions with the ministers, which give us a hope that we may get
the duties taken off in perpetuum. This done, a most abundant market for
our oil will be opened by this country, and one which will be absolutely
dependant on us; for they have little expectation themselves of
establishing a successful whale-fishery. It is possible they may
only take the duties off of those oils, which shall be the produce
of associated companies of French and American merchants. But as yet,
nothing certain can be said.
I thank you for the trouble you have taken to obtain insurance on
Houdon’s life. I place the thirty-two pounds and eleven shillings to
your credit, and not being able, as yet, to determine precisely how our
accounts stand, I send a sum by Colonel Smith, which may draw the scales
towards a balance.
The determination of the British cabinet to make no equal treaty with
us, confirms me in the opinion expressed in your letter of October the
24th, that the United States must pass a navigation act against
Great Britain, and load her manufactures with duties, so as to give a
preference to those of other countries: and I hope our Assemblies will
wait no longer, but transfer such a power to Congress, at the sessions
of this fall. I suppose, however, it will only be against Great Britain,
and I think it will be right not to involve other nations in the
consequences of her injustice. I take for granted, that the commercial
system wished for by Congress, was such a one, as should leave commerce
on the freest footing possible. This was the plan on which we prepared
our general draught for treating with all nations. Of those with whom we
were to treat, I ever considered England, France, Spain, and Portugal
as capitally important; the first two, on account of their American
possessions, the last, for their European as well as American. Spain
is treating in America, and probably will give an advantageous treaty.
Portugal shows dispositions to do the same. France does not treat. It is
likely enough she will choose to keep the staff in her own hands. But,
in the mean time, she gives us an access to her West Indies, which,
though not all we wish, is yet extremely valuable to us: this access,
indeed, is much affected by the late _Arrêts_ of the 18th and 25th of
September, which I enclose to you. I consider these as a reprisal for
the navigation acts of Massachusetts and New Hampshire. The minister
has complained to me, officially, of these acts, as a departure from the
reciprocity stipulated for by the treaty. I have assured him that his
complaints shall be communicated to Congress, and in the mean time,
observed that the example of discriminating between foreigners and
natives had been set by the _Arrêt_ of August, 1784, and still more
remarkably by those of September the 18th and 25th, which, in effect,
are a prohibition of our fish in their islands. However, it is better
for us, that both sides should revise what they have done. I am in hopes
this country did not mean these as permanent regulations. Mr. Bingham,
lately from Holland, tells me that the Dutch are much dissatisfied with
these acts. In fact, I expect the European nations, in general, will
rise up against an attempt of this kind, and wage a general commercial
war against us. They can do well without all our commodities except
tobacco, and we cannot find, elsewhere, markets for them. The
selfishness of England alone will not justify our hazarding a contest of
this kind against all Europe. Spain, Portugal, and France, have not yet
shut their doors against us: it will be time enough, when they do, to
take up the commercial hatchet. I hope, therefore, those States will
repeal their navigation clauses, except as against Great Britain and
other nations not treating with us.
I have made the inquiries you desire, as to American ship-timber for
this country. You know they sent some person (whose name was not told
us) to America, to examine the quality of our masts, spars, &c. I think
this was young Chaumont’s business. They have, besides this, instructed
the officer who superintends their supplies of masts, spars, foe., to
procure good quantities from our northern States; but I think they have
made no contract: on the contrary, that they await the trials projected,
but with a determination to look to us for considerable supplies, if
they find our timber answer. They have on the carpet a contract for
live-oak from the southern States.
You ask why the Virginia merchants do not learn to sort their own
tobaccos? They can sort them as well as any other merchants whatever.
Nothing is better known than the quality of every hogshead of tobacco,
from the place of its growth. They know, too, the particular qualities
required in every market. They do not send their tobaccos, therefore, to
London to be sorted, but to pay their debts: and though they could send
them to other markets and remit the money to London, yet they find it
necessary to give their English merchant the benefit of the consignment
of the tobacco (which is enormously gainful), in order to induce him to
continue his indulgence for the balance due.
Is it impossible to persuade our countrymen to make peace with the Nova
Scotians? I am persuaded nothing is wanting but advances on our part;
and that it is in our power to draw off the greatest proportion of that
settlement, and thus to free ourselves from rivals who may become of
consequence. We are, at present, co-operating with Great Britain, whose
policy it is to give aliment to that bitter enmity between her States
and ours, which may secure her against their ever joining us. But would
not the existence of a cordial friendship between us and them, be the
best bridle we could possibly put into the mouth of England?
With respect to the Danish business, you will observe that the
instructions of Congress, article 3, of October the 29th, 1783, put it
entirely into the hands of the _Ministers Plenipotentiary of the United
States of America at the court of Versailles, empower to to negotiate
a peace, or to any one or more of them_. At that time, I did not come
under this description. I had received the permission of Congress to
decline coming, in the spring preceding that date. On the first day
of November, 1783, that is to say, two days after the date of the
instructions to the commissioners, Congress recommended John Paul Jones
to the Minister Plenipotentiary of the United States, at Versailles, as
agent, to solicit, under his direction, the payment of all prizes taken
in Europe under his command. But the object under their view, at that
time, was assuredly the money due from the court of Versailles, for the
prizes taken in the expedition by the Bon-homme Richard, the Alliance,
&c. In this business, I have aided him effectually, having obtained
a definitive order for paying the money to him, and a considerable
proportion being actually paid him. But they could not mean by their
resolution of November the 1st, to take from the commissioners, powers
which they had given them two days before. If there could remain a doubt
that this whole power has resulted to you, it would be cleared up by the
instructions of May the 7th, 1784, article 9, which declare, ‘that these
instructions be considered as supplementary to those of October the
29th, 1783, and not as revoking, except where they contradict them;’
which shows that they considered the instructions of October the 29th,
1783, as still in full force. I do not give you the trouble of this
discussion, to save myself the trouble of the negotiation. I should
have no objections to this part: but it is to avoid the impropriety of
meddling in a matter wherein I am unauthorized to act, and where any
thing I should pretend to conclude with the court of Denmark, might
have the appearance of a deception on them. Should it be in my power to
render any service in it, I shall do it with cheerfulness; but I repeat,
that I think you are the only person authorized.