General, we had prevailed on him to pass this article with a suppression
of all duty. When he reported the _Arrêt_, however, to the Council, this
suppression was objected to, and it was insisted to re-establish the
duties of seven livres and ten sous, and of ten sous the livre, reserved
in the letter of M. de Calonne. The passage of the _Arrêt_ was stopped,
and the difficulty communicated to me. I urged every thing I could,
in letters and in conferences, to convince them that whale-oil was an
article which could bear no duty at all. That if the duty fell on the
consumer, he would choose to buy vegetable oils; if on the fisherman, he
could no longer live by his calling, remaining in his own country;
and that if he quitted his own country, the circumstances of vicinity,
sameness of language, laws, religion, and manners, and perhaps the
ties of kindred, would draw him to Nova Scotia, in spite of every
encouragement which could be given at Dunkirk; and that thus those
fishermen would be shifted out of a scale friendly to France, into one
always hostile. Nothing, however, could prevail. It hung on this article
alone, for two months, during which we risked the total loss of the
_Arrêt_ on the stability in office of Monsieur Lambert; for if he had
gone out, his successor might be less favorable; and if Monsieur Necker
were the successor, we might lose the whole, as he never set any
store by us, or the connection with us. About ten days ago, it became
universally believed that Monsieur Lambert was to go out immediately.
I therefore declined further insisting on the total suppression, and
desired the _Arrêt_ might pass, leaving the duties on whale-oil, as
Monsieur de Calonne had promised them; but with a reservation, which
may countenance our bringing on this matter again, at a more favorable
moment.
Article 2. The other fish-oils are placed in a separate article;
because, whatever encouragements we may hereafter obtain for whale-oils,
they will not be extended to those which their own fisheries produce.
Article 3. A company had silently, and by unfair means, obtained a
monopoly for the making and selling spermaceti candles: as soon as we
discovered it, we solicited its suppression, which is effected by this
clause.
Article 4. The duty of an eighth per cent, is merely to oblige the
masters of vessels to enter their cargoes, for the information of
government; without inducing them to attempt to smuggle.
Article 6. Tar, pitch, and turpentine of America, coming in competition
with the same articles produced in the southwestern parts of France,
we could obtain no greater reduction, than two and a half per cent. The
duties before were from four to six times that amount.
Article 10. The right of _entrepôt_, given by this article, is almost
the same thing, as the making all their ports, free ports for us. The
ships are indeed subject to be visited, and the cargoes must be reported
in ports of _entrepôt_, which need not be done in the free ports.
But the communication between the _entrepôt_ and the country is not
interrupted by continual search of all persons passing into the country,
which has proved so troublesome to the inhabitants of our free ports,
as that a considerable proportion of them have wished to give back the
privilege of their freedom.
Article 13. This article gives us the privileges and advantages of
native subjects, in all their possessions in Asia, and in the scales
leading thereto. This expression means, at present, the isles of France
and Bourbon, and will include the Cape of Good Hope, should any future
event put it into the hands of France. It was with a view to this, that
I proposed the expression, because we were then in hourly expectation
of a war, and it was suspected that France would take possession of
that place. It will, in no case, be considered as including any thing
westward of the Cape of Good Hope. I must observe further, on this
article, that it will only become valuable, on the suppression of their
East India Company; because, as long as their monopoly continues, even
native subjects cannot enter their Asiatic ports, for the purposes of
commerce. It is considered, however, as certain, that this Company will
be immediately suppressed.
The article of tobacco could not be introduced into the _Arrêt_; because
it was necessary to consider the Farmers General as parties to that
arrangement. It rests, therefore, of necessity, on the basis of a letter
only. You will perceive that this is nothing more than a continuation of
the order of Bernis, only leaving the prices unfixed; and like that, it
will require a constant and vexatious attention, to have its execution
enforced.
The States who have much to carry, and few carriers, will observe,
perhaps, that the benefits of these regulations are somewhat narrowed,
by confining them to articles brought hither in French or American
bottoms. But they will consider, that nothing in these instruments moves
from us. The advantages they hold out are all given by this country to
us, and the givers will modify their gifts as they please. I suppose it
to be a determined principle of this court not to suffer our carrying
business, so far as their consumption of our commodities extends,
to become a nursery for British seamen. Nor would this, perhaps, be
advantageous to us, considering the dispositions of the two nations
towards us. The preference which our shipping will obtain on this
account, may counterpoise the discouragements it experiences from the
aggravated dangers of the Barbary States. Nor is the idea unpleasing,
which shows itself in various parts of these papers, of naturalizing
American bottoms, and American citizens in France and in its foreign
possessions. Once established here, and in their eastern settlements,
they may revolt less at the proposition to extend it to those westward.
They are not yet, however, at that point; we must be contented to go
towards it a step at a time, and trust to future events for hastening
our progress.
With respect to the alliance between this and the two imperial courts,
nothing certain transpires. We are enabled to conjecture its progress,
only from facts which now and then show themselves. The following may be
considered as indications of it. 1. The Emperor has made an attempt to
surprise Belgrade. The attempt failed, but will serve to plunge him into
the war, and to show that he had assumed the character of mediator, only
to enable himself to gain some advantage by surprise. 2. The mediation
of France is probably at an end, and their abandonment of the Turks
agreed on; because they have secretly ordered their officers to quit the
Turkish service. This fact is known to but few, and not intended to be
known: but I think it certain. 3. To the offer of mediation lately made
by England and Prussia, the court of Petersburg answered, that having
declined the mediation of a friendly power (France), she could not
accept that of two courts, with whose dispositions she had reason to be
dissatisfied. 4. The States General are said to have instructed their
ambassador here, lately, to ask of M. de Montmorin, whether the inquiry
had been made, which they had formerly desired; ‘By what authority the
French engineers had been placed in the service of Holland?’ And that he
answered, that the inquiry had not been made, nor should be made.
Though I do not consider the channel through which I get this fact,
as absolutely sure, yet it is so respectable, that I give credit to it
myself. 5. The King of Prussia is withdrawing his troops from Holland.
Should this alliance show itself it would seem that France, thus
strengthened, might dictate the re-establishment of the affairs of
Holland, in her own form. For it is not conceivable, that Prussia would
dare to move, nor that England would alone undertake such a war, and
for such a purpose. She appears, indeed, triumphant at present; but the
question is, Who will triumph last?
I enclose you a letter from Mr. Dumas. I received one from him myself,
wherein he assures me, that no difficulties shall be produced, by what
he had suggested relative to his mission to Brussels. The gazettes of
France and Leyden to this date accompany this letter, which, with the
several papers put under your cover, I shall send to M. Limozin, our
agent at Havre, to be forwarded by the Juno, Captain Jenkins, which
sails from that port for New York, on the 3d of January.
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 CXXI.--TO MONSIEUR LAMBERT, January 3, 1788
TO MONSIEUR LAMBERT.
Paris, January 3, 1788.
Sir,
I am honored with your Excellency’s letter of the 29th of December,
enclosing the _Arrêt_ on the commerce between France and the United
States. I availed myself of the occasion of a vessel sailing this day
from Havre for New York, to forward it to Congress. They will receive
with singular satisfaction, this new testimony of his Majesty’s
friendship for the United States, of his dispositions to promote their
interest, and to strengthen the bands which connect the two nations.
Permit me, Sir, to return you, personally, my sincere thanks for the
great attention you have paid to this subject, for the sacrifices you
have kindly made of a time so precious as yours, every moment of which
is demanded and is occupied by objects interesting to the happiness of
millions; and to proffer you the homage of those sincere sentiments
of attachment and respect, with which I have the honor to be, your
Excellency’s most obedient and most humble servant,
Th: Jefferson.
LETTER CXXII.--TO LE COMTE BERNSTORFF, January 21, 1788
TO LE COMTE BERNSTORFF, _Minister of Foreign Affairs, Copenhagen_.
Paris, January 21, 1788.
Sir,
I am instructed by the United States of America, in Congress assembled,
to bring again under the consideration of his Majesty, the King of
Denmark, and of his ministers, the case of the three prizes taken from
the English during the late war, by an American squadron under the
command of Commodore Paul Jones, put into Bergen in distress, there
rescued from our possession by orders from the court of Denmark,
and delivered back to the English. Dr. Franklin, then Minister
Plenipotentiary from the United States at the court of Versailles, had
the honor of making applications to the court of Denmark, for a just
indemnification to the persons interested, and particularly by a letter
of the 22nd of December, 1779, a copy of which I have now the honor of
enclosing to your Excellency. In consequence of this, the sum of ten
thousand pounds was proposed to him, as an indemnification, through
the Baron de Waltersdorff, then at Paris. The departure of both those
gentlemen from this place, soon after, occasioned an intermission in
the correspondence on this subject. But the United States continue to
be very sensibly affected by this delivery of their prizes to Great
Britain, and the more so, as no part of their conduct had forfeited
their claim to those rights of hospitality, which civilized nations
extend to each other. Not only a sense of justice due to the individuals
interested in those prizes, but also an earnest desire that no subject
of discontent may check the cultivation and progress of that friendship,
which they wish may subsist and increase between the two countries,
prompt them to remind his Majesty of the transaction in question; and
they flatter themselves, that his Majesty will concur with them in
thinking, that as restitution of the prizes is not practicable, it is
reasonable and just that he should render, and that they should accept,
a compensation equivalent to the value of them. And the same principles
of justice towards the parties, and of amity to the United States,
which influenced the breast of his Majesty to make, through the Baron de
Waltersdorff, the proposition of a particular sum, will surely lead him
to restore their full value, if that were greater, as is believed, than
the sum proposed. In order to obtain, therefore, a final arrangement of
this demand, Congress have authorized me to depute a special agent to
Copenhagen, to attend the pleasure of his Majesty. No agent could be so
adequate to this business, as the Commodore Paul Jones, who commanded
the squadron which took the prizes. He will therefore have the honor
of delivering this letter to your Excellency, in person; of giving such
information as may be material, relative to the whole transaction; of
entering into conferences for its final adjustment; and being himself
principally interested, not only in his own right, but as the natural
patron of those who fought under him, whatever shall be satisfactory
to him, will have a great right to that ultimate approbation, which
Congress have been pleased to confide to me.
I beg your Excellency to accept the homage of that respect, which your
exalted station, talents, and merit impress, as well as those sentiments
of esteem and regard, with which I have the honor to be
Your Excellency’s most obedient
and most humble servant,
Th: Jefferson.
LETTER CXXIII.--TO WILLIAM RUTLEDGE, February 2, 1788
TO WILLIAM RUTLEDGE.
Paris, February 2, 1788.
Dear Sir,
I should have sooner answered your favor of January the 2nd, but that we
have expected for some time, to see you here. I beg you not to think of
the trifle I furnished you with, nor to propose to return it, till you
shall have that sum more than you know what to do with. And on every
other occasion of difficulty, I hope you will make use of me freely.
I presume you will now remain at London, to see the trial of Hastings.
Without suffering yourself to be imposed on by the pomp in which it
will be enveloped, I would recommend to you to consider and decide for
yourself these questions. If his offence is to be decided by the law of
the land, why is he not tried in that court in which his fellow citizens
are tried, that is, the King’s Bench? If he is cited before another
court, that he may be judged, not according to the law of the land, but
by the discretion of his judges, is he not disfranchised of his most
precious right, the benefit of the laws of his country, in common
with his fellow citizens? I think you will find, in investigating this
subject, that every solid argument is against the extraordinary court,
and that every one in its favor is specious only. It is a transfer from
a judicature of learning and integrity, to one, the greatness of which
is both illiterate and unprincipled. Yet such is the force of prejudice
with some, and of the want of reflection in others, that many of our
constitutions have copied this absurdity, without suspecting it to be
one. I am glad to hear that our new constitution is pretty sure of being
accepted by States enough to secure the good it contains, and to meet
with such opposition in some others, as to give us hopes it will be
accommodated to them, by the amendment of its most glaring faults,
particularly the want of a declaration of rights.
The long expected edict for the Protestants at length appears here.
Its analysis is this. It is an acknowledgment (hitherto withheld by the
laws) that Protestants can beget children, and that they can die, and be
offensive unless buried. It does not give them permission to think, to
speak, or to worship. It enumerates the humiliations to which they shall
remain subject, and the burthens to which they shall continue to be
unjustly exposed. What are we to think of the condition of the human
mind in a country, where such a wretched thing as this has thrown the
State into convulsions, and how must we bless our own situation in a
country, the most illiterate peasant of which is a Solon, compared
with the authors of this law. There is modesty often, which does
itself injury; our countrymen possess this. They do not know their own
superiority. You see it; you are young, you have time and talents to
correct them. Study the subject while in Europe, in all the instances
which will present themselves to you, and profit your countrymen of
them, by making them to know and value themselves.
Adieu, my dear Sir, and be assured of the esteem with which I am your
friend and servant,
Th: Jefferson.
LETTER CXXIV.--TO THE COMMISSIONERS OF THE TREASURY, Feb. 7, 1788
TO THE COMMISSIONERS OF THE TREASURY.
Paris, February 7, 1788.
Gentlemen,
Your favors of November the 10th and 13th, and December the 5th, have
been duly received. Commodore Jones left this place for Copenhagen,
the 5th instant, to carry into execution the resolution of Congress, of
October the 25th. Whatever monies that court shall be willing to allow,
shall be remitted to your bankers, either in Amsterdam or Paris, as
shall be found most beneficial, allowing previously to be withdrawn
Commodore Jones’s proportion, which will be necessary for his
subsistence. I desired him to endeavor to prevail on the Danish
minister, to have the money paid in Amsterdam or Paris, by their banker
in either of those cities, if they have one.
M. Ast (secretary to the consulate) is at L’Orient. Whether he comes up
with the papers, or sends them, they shall be received, sealed up, and
taken care of. I will only ask the favor of you, that I may never be
desired to break the seals, unless very important cause for it should
arise.
I have just received from Messrs. Willincks and Van Staphorsts, a
letter of January the 31st, in which are these words: ‘The official
communication we have of the actual situation and prospect of the
finances of the United States, would render such a partial payment as
that to Fiseaux’s house of no avail towards the support of the public
credit, unless effectual measures shall be adopted, to provide funds for
the two hundred and seventy thousand florins, interest, that will be due
the first of June next; a single day’s retard in which would ground a
prejudice of long duration.’ They informed me, at the same time, that
they have made to you the following communication; that Mr. Stanitski,
our principal broker, and holder of thirteen hundred and forty thousand
dollars, of certificates of our domestic debt, offers to have our loan
of a million of guilders (of which six hundred and twenty-two thousand
eight hundred and forty are still unfilled) immediately made up, on
condition that he may retain thereout one hundred and eighty thousand
guilders, being one year’s interest on his certificates, allowing a
deduction of ten per cent, from his said interest, as a compensation
for his receiving it in Amsterdam instead of America, and not pretending
that this shall give him any title to ask any payment of future interest
in Europe. They observe, that this will enable them to face the demands
of Dutch interest, till the 1st of June, 1789, pay the principal of
Fiseaux’ debt, and supply the current expenses of your legation in
Europe. On these points, it is for you to decide. I will only take the
liberty to observe, that if they shall receive your acceptance of the
proposition, some days credit will still be to be given for producing
the cash, and that this must be produced fifteen days before it is
wanting, because that much previous notice is always given to the
creditors, that their money is ready. It is, therefore, but three months
from this day, before your answer should be in Amsterdam. It might
answer a useful purpose also, could I receive a communication of that
answer ten days earlier than they. The same stagnation attending our
passage from the old to the new form of government, which stops the
feeble channel of money hitherto flowing towards our treasury, has
suspended also what foreign credit we had. So that, at this moment, we
may consider the progress of our loan as stopped. Though much an
enemy to the system of borrowing, yet I feel strongly the necessity of
preserving the power to borrow. Without this, we might be overwhelmed by
another nation, merely by the force of its credit. However, you can best
judge whether the payment of a single year’s interest on Stanitski’s
certificates, in Europe, instead of America, may be more injurious to
us than the shock of our credit in Amsterdam, which may be produced by a
failure to pay our interest.
I have only to offer any services which I can render in this business,
either here or by going to Holland, at a moment’s warning, if that
should be necessary.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Gentlemen, your most obedient and most humble servant,
Th: Jefferson.
LETTER CXXV.--TO DOCTOR PRICE, February 7, 1788
TO DOCTOR PRICE.
Paris, February 7, 1788.
Dear Sir,
It is rendering mutual service to men of virtue and understanding,
to make them acquainted with one another. I need no other apology for
presenting to your notice the bearer hereof, Mr. Barlow. I know you
were among the first who read the “Vision of Columbus,” while yet in
manuscript: and think the sentiments I heard you express of that poem,
will induce you to be pleased with the acquaintance of their author. He
comes to pass a few days only at London, merely to know something of it.
As I have little acquaintance there, I cannot do better for him than to
ask you to be so good as to make him known to such persons, as his turn
and his time might render desirable to him.
I thank you for the volume you were so kind as to send me some time
ago. Every thing you write is precious, and this volume is on the most
precious of all our concerns. We may well admit morality to be the child
of the understanding rather than of the senses, when we observe that
it becomes dearer to us as the latter weaken, and as the former grows
stronger by time and experience, till the hour arrives in which all
other objects lose all their value. That that hour may be distant with
you, my friend, and that the intermediate space may be filled with
health and happiness, is the sincere prayer of him who is, with
sentiments of great respect and friendship, Dear Sir, your most
obedient, humble servant,
Th: Jefferson.
LETTER CXXVI.--TO A. DONALD, February.7, 1788
TO A. DONALD.
Paris, February.7, 1788.
Dear Sir,
I received duly your friendly letter of November the 12th. By this time,
you will have seen published by Congress, the new regulations obtained
from this court, in favor of our commerce. You will observe, that the
arrangement relative to tobacco is a continuation of the order of Berni
for five years, only leaving the price to be settled between the
buyer and seller. You will see too, that all contracts for tobacco are
forbidden, till it arrives in France. Of course, your proposition for a
contract is precluded.
I fear the prices here will be low, especially if the market be crowded.
You should be particularly attentive to the article, which requires that
the tobacco should come in French or American bottoms, as this article
will, in no instance, be departed from.
I wish with all my soul, that the nine first conventions may accept the
new constitution, because this will secure to us the good it contains,
which I think great and important. But I equally wish, that the four
latest conventions, which ever they be, may refuse to accede to it,
till a declaration of rights be annexed. This would probably command the
offer of such a declaration, and thus give to the whole fabric, perhaps,
as much perfection as any one of that kind ever had. By a declaration of
rights, I mean one which shall stipulate freedom of religion, freedom
of the press, freedom of commerce against monopolies, trial by juries
in all cases, no suspensions of the _habeas corpus_, no standing armies.
These are fetters against doing evil, which no honest government should
decline. There is another strong feature in the new constitution, which
I as strongly dislike. That is, the perpetual re-eligibility of the
President. Of this I expect no amendment at present, because I do not
see that any body has objected to it on your side the water. But it will
be productive of cruel distress to our country, even in your day and
mine. The importance to France and England, to have our government in
the hands of a friend or foe, will occasion their interference by money,
and even by arms. Our President will be of much more consequence to them
than a King of Poland. We must take care, however, that neither this,
nor any other objection to the new form, produces a schism in our Union.
That would be an incurable evil, because near friends falling out, never
re-unite cordially; whereas, all of us going together, we shall be sure
to cure the evils of our new constitution, before they do great harm.
The box of books I had taken the liberty to address to you, is but just
gone from Havre for New York. I do not see, at present, any symptoms
strongly indicating war. It is true, that the distrust existing between
the two courts of Versailles and London, is so great, that they can
scarcely do business together. However, the difficulty and doubt
of obtaining money make both afraid to enter into war. The little
preparations for war, which we see, are the effect of distrust, rather
than of a design to commence hostilities. And in such a state of mind,
you know, small things may produce a rupture: so that though peace is
rather probable, war is very possible.