a packet would have sailed on the 10th, according to the established
order. The passengers had all, except one, gone down to Havre in this
expectation. However, none has sailed, and perhaps none will sail, as
I think the suppression of the packets is one of the economies in
contemplation. An American merchant, concerned in the commerce of the
whale-oil, proposed to government to despatch his ships from Havre and
Boston at stated periods, and to take on board the French courier and
mail, and the proposition has been well enough received. I avail myself
of a merchant vessel going from Havre, to write the present.
In my letter of the 4th, I stated to you the symptoms which indicated
that government had some great stroke of authority in contemplation.
That night they sent guards to seize Monsieur d’Epremenil and Monsieur
Goiskind, two members of parliament, in their houses. They escaped,
and took sanctuary in the Palais (or parliament house). The parliament
assembled itself extraordinarily, summoned the Dukes and Peers
specially, and came to the resolution of the 5th, which they sent to
Versailles by deputies, determined not to leave the palace till they
received an answer. In the course of that night a battalion of guards
surrounded the house. The two members were taken by the officers from
among their fellows, and sent off to prison, the one to Lyons, the other
(d’Epremenil), the most obnoxious, to an island in the Mediterranean.
The parliament then separated. On the 8th, a bed of justice was held at
Versailles, wherein were enregistered the six ordinances which had been
passed in Council on the 1st of May, and which I now send you. They
were in like manner enregistered in beds of justice, on the same day, in
nearly all the parliaments of the kingdom. By these ordinances, 1. The
criminal law is reformed, by abolishing examination on the _sellette_,
which, like our holding up the hand at the bar, remained a stigma on the
party, though innocent; by substituting an oath, instead of torture, on
the _question préalable_, which is used after condemnation, to make the
prisoner discover his accomplices; (the torture, abolished in 1780, was
on the _question préparatoire_, previous to judgment, in order to make
the prisoner accuse himself;) by allowing counsel to the prisoner for
his defence; obliging the judges to specify in their judgments the
offence for which he is condemned; and respiting execution a month,
except in the case of sedition. This reformation is unquestionably good,
and within the ordinary legislative powers of the crown. That it should
remain to be made at this day, proves that the monarch is the last
person in his kingdom who yields to the progress of philanthropy and
civilization. 2. The organization of the whole judiciary department is
changed, by the institution of subordinate jurisdictions, the taking
from the parliaments the cognizance of all causes of less value than
twenty thousand livres, reducing their numbers to about a fourth, and
suppressing a number of special courts. Even this would be a great
improvement, if it did not imply that the King is the only person
in this nation, who has any rights or any power. 3. The right of
registering the laws is taken from the parliaments, and transferred to
a Plenary court, created by the King. This last is the measure most
obnoxious to all persons. Though the members are to be for life, yet a
great proportion of them are from descriptions of men always candidates
for the royal favor in other lines. As yet, the general consternation
has not sufficiently passed over, to say whether the matter will end
here. I send you some papers, which indicate symptoms of resistance.
These are the resolution of the _Noblesse_ of Brittany, the declaration
of the Advocate General of Provence, which is said to express the
spirit of that province; and the _Arrêté of the Châtelet_, which is the
hustings-court of the city of Paris. Their refusal to act under the
new character assigned them, and the suspension of their principal
functions, are very embarrassing. The clamors this will excite, and
the disorders it may admit, will be loud, and near to the royal ear and
person. The parliamentary fragments permitted to remain, have already
some of them refused, and probably all will refuse, to act under that
form. The assembly of the clergy which happens to be sitting, have
addressed the King to call the States General immediately. Of the Dukes
and Peers (thirty-eight in number), nearly half are either minors or
superannuated; two thirds of the acting half seem disposed to avoid
taking a part; the rest, about eight or nine, have refused, by letters
to the King, to act in the new courts. A proposition excited among the
Dukes and Peers, to assemble and address the King for a modification of
the Plenary court, seems to show that the government would be willing to
compromise on that head. It has been prevented by the Dukes and Peers in
opposition, because they suppose that no modification to be made by the
government will give to that body the form they desire, which is that of
a representative of the nation. They foresee that if the government
is forced to this, they will call them, as nearly as they can, in the
ancient forms; in which case, less good will be to be expected from
them. But they hope they may be got to concur in a declaration of
rights, at least, so that the nation may be acknowledged to have some
fundamental rights, not alterable by their ordinary legislature, and
that this may form a ground-work for future improvements. These seem to
be the views of the most enlightened and disinterested characters of the
opposition. But they may be frustrated by the nation’s making no cry at
all, or by a hasty and premature appeal to arms. There is neither
head nor body in the nation, to promise a successful opposition to
two hundred thousand regular troops. Some think the army could not
be depended on by the government; but the breaking men to military
discipline, is breaking their spirits to principles of passive
obedience. A firm, but quiet opposition, will be the most likely
to succeed. Whatever turn this crisis takes, a revolution in their
constitution seems inevitable, unless foreign war supervene, to suspend
the present contest. And a foreign war they will avoid, if possible,
from an inability to get money. The loan of one hundred and twenty
millions, of the present year, is filled up by such subscriptions as may
be relied on. But that of eighty millions, proposed for the next year,
cannot be filled up, in the actual situation of things.
The Austrians have been successful in an attack upon Schabatz, intended
as a preliminary to that of Belgrade. In that on Dubitza, another town
in the neighborhood of Belgrade, they have been repulsed, and as is
suspected, with considerable loss. It is still supposed the Russian
fleet will go into the Mediterranean, though it will be much retarded by
the refusal of the English government to permit its sailors to engage in
the voyage. Sweden and Denmark are arming from eight to twelve ships of
the line each. The English and Dutch treaty you will find in the Leyden
gazettes of May the 9th and 13th. That between England and Prussia is
supposed to be stationary. Monsieur de St. Priest, the ambassador from
this court to the Hague, has either gone, or is on the point of going.
The Emperor of Morocco has declared war against England. I enclose you
his orders in our favor, on that occasion. England sends a squadron
to the Mediterranean for the protection of her commerce, and she is
reinforcing her possessions in the two Indies. France is expecting the
arrival of an embassy from Tippoo Saib, is sending some regiments to the
East Indies, and a fleet of evolution into the Atlantic. Seven ships of
the line and several frigates, sailed from Cadiz on the 22nd of April,
destined to perform evolutions off the Western Islands, as the Spaniards
say, but really to their American possessions, as is suspected. Thus
the several powers are by little and little, taking the position of war,
without an immediate intention of waging it. But that the present ill
humor will finally end in war, is doubted by nobody.
In my letter of February the 5th, I had the honor of informing you of
the discontent produced by our _Arrêt_ of December the 29th, among the
merchants of this country, and of the deputations from the chambers of
commerce to the minister, on that subject. The articles attacked, were
the privileges on the sale of our ships, and the _entrepôt_ for codfish.
The former I knew to be valuable: the latter I supposed not so; because
during the whole of the time we have had four free ports in this
kingdom, we have never used them for the smuggling of fish. I concluded,
therefore, the ports of _entrepôt_ would not be used for that purpose. I
saw that the ministers would sacrifice something to quiet the merchants,
and was glad to save the valuable article relative to our ships, by
abandoning the useless one for our codfish. It was settled, therefore,
in our conferences, that an _Arrêt_ should be passed, abridging the
former one only as to the entrepot of codfish. I was in Holland when the
_Arrêt_ came out; and did not get a copy of it till yesterday. Surprised
to find that fish-oil was thereby also excluded from the entrepot, I
have been to-day to make some inquiry into the cause; and from what I
can learn, I conclude it must have been a mere error in the clerk who
formed the _Arrêt_, and that it escaped attention on its passage. The
_entrepôt_ of whale-oil was not objected to by a single deputy at
the conferences, and the excluding it is contrary to the spirit of
encouragement the ministers have shown a disposition to give. I trust,
therefore, I may get it altered on the first occasion which occurs,
and I believe one will soon occur. In the mean time, we do not store a
single drop for re-exportation, as all which comes here is needed
for the consumption of this country; which will alone, according to
appearances, become so considerable as to require all we can produce.
By a letter of the 8th instant, from our bankers, I learn that they had
disposed of bonds enough to pay our June interest, and to replace the
temporary advances made by Mr. Grand, and from a fund placed here by the
State of Virginia. I have desired them, accordingly, to replace these
monies, which had been lent for the moment only, and in confidence of
immediate repayment. They add, that the payment of the June interest
and the news from America, will, as they trust, enable them to place
the remaining bonds of the last year’s million. I suppose, indeed, that
there is no doubt of it, and that none would have been expressed, if
those two houses could draw better together than they do. In the mean
time, I hope the treasury board will send an order for so much as may be
necessary for executing the purposes of Congress, as to our captives at
Algiers.
I send you herewith, a _Mémoire_ of Monsieur Caseaux, whose name is
familiar on the journals of Congress. He prepared it to be delivered to
the King, but I believe he will think better, and not deliver it. The
gazettes of France and Leyden accompany this.
I have the honor to be, Sir, your most obedient and most humble servant,
Th: Jefferson.
P. S. May 27, 1788. I have kept my letter open to the moment of Mr.
Warville’s departure (he being the bearer of it), that I might add
any new incidents that should occur. The refusal of the _Châtelet_ and
_Grande Chambre_ of Paris to act in the new character assigned them,
continues. Many of the _grandes bailliages_ accept, some conditionally,
some fully. This will facilitate greatly the measures of government, and
may possibly give them a favorable issue. The parliament of Toulouse,
considering the edicts as nullities, went on with their business. They
have been exiled in consequence. Monsieur de St. Priest left Paris for
the Hague, on the 23rd. I mention this fact, because it denotes the
acquiescence of this government in the late revolution there. A second
division of a Spanish fleet will put to sea soon. Its destination
not declared. Sweden is arming to a greater extent than was at first
supposed. From twelve so sixteen sail of the line are spoken of, on good
grounds, Denmark, for her own security, must arm in proportion to this.
T. J.
LETTER CXXXVII.--TO JOHN BROWN, May 26,1788
TO JOHN BROWN.
Paris, May 26,1788.
Dear Sir,
It was with great pleasure I saw your name on the roll of Delegates, but
I did not know you had actually come onto New-York, till Mr. Paradise
informed me of it. Your removal from Carolina to Kentucky was not an
indifferent event to me. I wish to see that country in the hands of
people well disposed, who know the value of the connection between that
and the maritime States, and who wish to cultivate it. I consider their
happiness as bound up together, and that every measure should be taken,
which may draw the bands of union tighter. It will be an efficacious one
to receive them into Congress, as I perceive they are about to desire
to this be added an honest and disinterested conduct in Congress, as
to every thing relating to them, we may hope for a perfect harmony. The
navigation of the Mississippi was, perhaps, the strongest trial to which
the justice of the federal government could be put. If ever they thought
wrong about it, I trust they have got to rights. I should think it
proper for the western country to defer pushing their right to that
navigation to extremity, as long as they can do without it, tolerably;
but that the moment it becomes absolutely necessary for them, it will
become the duty of the maritime states to push it to every extremity,
to which they would their own right of navigating the Chesapeake, the
Delaware, the Hudson, or any other water. A time of peace will not
be the surest for obtaining this object. Those, therefore, who have
influence in the new country, would act wisely, to endeavor to keep
things quiet till the western parts of Europe shall be engaged in war.
Notwithstanding the aversion of the courts of London and Versailles to
war, it is not certain that some incident may not engage them in it.
England, France, Spain, Russia, Sweden, and Denmark will all have fleets
at sea, or ready to put to sea immediately. Who can answer for the
prudence of all their officers? War is their interest. Even their courts
are pacific from impotence only, not from disposition. I wish to Heaven
that our new government may see the importance of putting themselves
immediately into a respectable position. To make provision for the
speedy payment of their foreign debts, will be the first operation
necessary. This will give them credit. A concomitant one should be,
magazines and manufactures of arms. This country is at present in a
crisis of very uncertain issue. I am in hopes it will be a favorable one
to the rights and happiness of the people; and that this will take place
quietly. Small changes in the late regulations will render them wholly
good. The campaign opens between the Turks and the two empires, with an
aspect rather favorable to the former. The Russians seem not yet thawed
from the winter’s torpitude. They have no army yet in motion: and the
Emperor has been worsted in two thirds of the small actions, which
they have had as yet. He is said to be rather retiring. I do not think,
however, that the success of the Turks in the partisan affairs which
have taken place, can authorize us to presume, that they will be
superior also in great decisions. Their want of discipline and skill in
military manœuvres is of little consequence in small engagements, and
of great in larger ones. Their grand army was at Adrianople by the last
accounts, and to get from thence to Belgrade will require a month. It
will be that time at least then, before we can have any very interesting
news from them. In the mean time, the plague rages at Constantinople to
a terrible degree. I cannot think but that it would be desirable to all
commercial nations, to have that nation and all its dependencies driven
from the sea-coast, into the interior parts of Asia and Africa. What a
field would, thus be restored to commerce! The finest parts of the old
world are now dead, in a great degree, to commerce, to arts, to science,
and to society. Greece, Syria, Egypt, and the northern coast of Africa,
constituted the whole world almost for the Romans, and to us they are
scarcely known, scarcely accessible at all. The present summer will
enable us to judge, what turn this contest will take. I am greatly
anxious to hear that nine States accept our new constitution. We must
be contented to accept of its good, and to cure what is evil in it
hereafter. It seems necessary for our happiness at home; I am sure it is
so for our respectability abroad. I shall, at all times, be glad to hear
from you, from New York, from Kentucky, or whatever region of the
earth you inhabit; being with sentiments of very sincere esteem and
attachment, Dear Sir, your friend and servant,
Th: Jefferson.
LETTER CXXXVIII.--TO WILLIAM CARMICHAEL, May 27, 1788
TO WILLIAM CARMICHAEL.
Paris, May 27, 1788.
Dear Sir,
Your favors of April the 14th and 29th, and May the 8th, have lately
come to hand. That of January the 29th, by M. de Moinedo, had been left
here during my absence on a journey to Amsterdam. That gentleman had
gone, as I presume, before my return, from my being unable to learn any
thing of him.
*****
With respect to the Isthmus of Panama, I am assured by Burgoine (who
would not chose to be named, however), that a survey was made, that a
canal appeared very practicable, and that the idea was suppressed for
political reasons altogether. He has seen and minutely examined the
report. This report is to me a vast _desideratum_, for reasons political
and philosophical. I cannot help suspecting the Spanish squadrons to
be gone to South America, and that some disturbances have been excited
there by the British. The court of Madrid may suppose we would not see
this with an unwilling eye. This may be true as to the uninformed part
of our people: but those who look into futurity farther than the present
moment or age, and who combine well what is, with what is to be, must
see that our interests, well understood, and our wishes are, that Spain
shall (not for ever, but) very long retain her possessions in that
quarter; and that her views and ours must, in a good degree, and for a
long time, concur. It is said in our gazettes, that the Spaniards have
sunk one of our boats on the Mississippi, and that our people retaliated
on one of theirs. But my letters, not mentioning this fact, have made
me hope it is not true, in which hope your letter confirms me. There are
now one hundred thousand inhabitants in Kentucky. They have accepted the
offer of independence, on the terms proposed by Virginia, and they have
decided that their independent government shall begin on the first day
of the next year. In the mean time, they claim admittance into Congress.
Georgia has ceded her western territory to the United States, to take
place with the commencement of the new federal government. I do not know
the boundaries. There has been some dispute of etiquette with the new
French minister, which has disgusted him.
The following is a state of the progress and prospects of the new plan
of government.
*****
The conduct of Massachusetts has been noble. She accepted the
constitution, but voted that it should stand as a perpetual instruction
to her Delegates, to endeavor to obtain such and such reformations; and
the minority, though very strong both in numbers and abilities, declared
_viritim_ and _seriatim_, that acknowledging the principle that the
majority must give the law, they would now support the new constitution
with their tongues, and with their blood, if necessary. I was much
pleased with many and essential parts of this instrument, from the
beginning. But I thought I saw in it many faults, great and small.
What I have read and reflected, has brought me over from several of my
objections, of the first moment, and to acquiesce under some others. Two
only remain, of essential consideration, to wit, the want of a bill of
rights, and the expunging the principle of necessary rotation in the
offices of President and Senator. At first, I wished that when nine
States should have accepted the constitution, so as to insure us what is
good in it, the other four might hold off till the want of the bill of
rights at least, might be supplied. But I am now convinced that the
plan of Massachusetts is the best, that is, to accept and to amend
afterwards. If the States which were to decide after her, should all
do the same, it is impossible but they must obtain the essential
amendments. It will be more difficult, if we lose this instrument, to
recover what is good in it, than to correct what is bad, after we shall
have adopted it. It has, therefore, my hearty prayers, and I wait with
anxiety for news of the votes of Maryland, South Carolina, and Virginia.
There is no doubt that General Washington will accept the presidentship;
though he is silent on the subject. He would not be chosen to the
Virginia convention. A riot has taken place in New York, which I will
state to you from an eye-witness. It has long been a practice with the
surgeons of that city, to steal from the grave bodies recently buried.
A citizen had lost his wife: he went, the first or second evening after
her burial, to pay a visit to her grave.. He found that it had been
disturbed, and suspected from what quarter. He found means to be
admitted to the anatomical lecture of that day, and on his entering the
room, saw the body of his wife, naked and under dissection. He raised
the people immediately. The body, in the mean time, was secreted. They
entered into and searched the houses of the physicians whom they most
suspected, but found nothing. One of them however more guilty or more
timid than the rest, took asylum in the prison. The mob considered
this an acknowledgment of guilt. They attacked the prison. The Governor
ordered militia to protect the culprit, and suppress the mob. The
militia, thinking the mob had just provocation, refused to turn out.
Hereupon the people of more reflection, thinking it more dangerous that
even a guilty person should be punished without the forms of law,
than that he should escape, armed themselves, and went to protect the
physician. They were received by the mob with a volley of stones, which
wounded several of them. They hereupon fired on the mob and killed four.
By this time, they received a reinforcement of other citizens of
the militia horse, the appearance of which, in the critical moment,
dispersed the mob. So ended this chapter of history, which I have
detailed to you, because it may be represented as a political riot, when
politics had nothing to do with it. Mr. Jay and Baron Steuben were both
grievously wounded in the head by stones. The former still kept his bed,
and the latter his room, when the packet sailed, which was the 24th of
April. I am, with sentiments of great esteem and respect, Dear Sir, your
most obedient and most humble servant,
Th: Jefferson.
LETTER CXXXIX.--TO JOHN JAY, May 27, 1788
TO JOHN JAY.
(Private.) Paris, May 27, 1788.
Dear Sir,
The change which is likely to take place in the form of our government,
seems to render it proper, that, during the existence of the present
government, an article should be mentioned which concerns me personally.
Uncertain, however, how far Congress may have decided to do business
when so near the close of their administration; less capable than those
on the spot of foreseeing the character of the new government; and not
fully confiding in my own judgment, where it is so liable to be seduced
by feeling, I take the liberty of asking your friendly counsel, and that
of my friend Mr. Madison, and of referring the matter to your judgments
and discretion.