Mr. Barclay when in Europe was authorized to settle all the European

accounts of the United States: he settled those of Dr. Franklin and Mr.

Adams, and it was intended between us, that he should settle mine.

But as what may be done at any time is often put off to the last, this

settlement had been made to give way to others, and that of Beaumarchais

being pressed on Mr. Barclay before his departure for Morocco, and

having long retarded his departure, it was agreed that my affair should

await his return from that mission: you know the circumstances which

prevented his return to Paris after that mission was finished. My

account is therefore unsettled, but I have no anxiety on any article of

it, except one, that is, the outfit. This consists of, 1. clothes; 2.

carriage and horses; 3. household furniture. When Congress made their

first appointments of ministers to be resident in Europe, I have

understood (for I was not then in Congress) that they allowed them all

their expenses, and a fixed sum over and above for their time. Among

their expenses, was necessarily understood their outfit. Afterwards

they thought proper to give them fixed salaries of eleven thousand

one hundred and eleven dollars and one ninth a year; and again, by

a resolution of May the 6th and 8th, 1784, the ‘salaries’ of their

ministers at foreign courts were reduced to nine thousand dollars,

to take place on the 1st of August ensuing. On the 7th of May I

was appointed, in addition to Mr. Adams and Dr. Franklin, for the

negotiation of treaties of commerce; but this appointment being

temporary, for two years only, and not as of a resident minister, the

article of outfit did not come into question. I asked an advance of six

months’ salary, that I might be in cash to meet the first expenses; which

was ordered. The year following, I was appointed to succeed Dr. Franklin

at this court. This was the first appointment of a minister resident,

since the original ones, under which all expenses were to be paid. So

much of the ancient regulation, as respected annual expenses, had been

altered to a sum certain; so much of it as respected first expenses,

or outfit, remained unaltered; and I might therefore expect, that the

actual expenses for outfit were to be paid. When I prepared my account

for settlement with Mr. Barclay, I began a detail of the articles of

clothes, carriage, horses, and household furniture. I found that they

were numerous, minute, and incapable, from their nature, of being

vouched; and often entered in my memorandum-book under a general head

only, so that I could not specify them. I found they would exceed a

year’s salary. Supposing, therefore, that, mine being the first case,

Congress would make a precedent of it, and prefer a sum fixed for the

outfit, as well as the salary, I have charged it in my account at a

year’s salary; presuming there can be no question that an outfit is a

reasonable charge. It is the usage here (and I suppose at all courts),

that a minister resident, shall establish his house in the first

instant. If this is to be done out of his salary, he will be a

twelvemonth at least without a copper to live on. It is the universal

practice, therefore, of all nations, to allow the outfit as a separate

article from the salary. I have inquired here into the usual amount of

it. I find that, sometimes, the sovereign pays the actual cost. This is

particularly the case of the Sardinian ambassador now coming here, who

is to provide a service of plate, and every article of furniture, and

other matters of first expense, to be paid for by his court. In other

instances, they give a service of plate, and a fixed sum for all other

articles, which fixed sum is in no case lower than a year’s salary.

I desire no service of plate, having no ambition for splendor. My

furniture, carriage, and apparel are all plain, yet they have cost me

more than a year’s salary. I suppose that in every country, and in every

condition of life, a year’s expense would be found a moderate measure

for the furniture of a man’s house. It is not more certain to me, that

the sun will rise to-morrow, than that our government must allow the

outfit, on their future appointment of foreign ministers; and it would

be hard on me, so to stand between the discontinuance of a former rule,

and institution of a future one, as to have the benefit of neither. I

know, I have so long known the character of our federal head, in its

present form, that I have the most unlimited confidence in the justice

of its decisions. I think I am so far known to many of the present

Congress, as that I may be cleared of all views of making money out of

any public employment, or of desiring any thing beyond actual and decent

expenses, proportioned to the station in which they have been pleased to

place me, and to the respect they would wish to see attached to it. It

would seem right, that they should decide the claims of those who

have acted under their administration, and their pretermission of any

article, might amount to a disallowance of it in the opinion of the new

government. It would be painful to me to meet that government with a

claim under this kind of cloud, and to pass it in review before their

several Houses of legislation, and boards of administration, to whom I

shall be unknown; and being for money actually expended, it would be

too inconvenient to me to relinquish it in silence. I anxiously ask it,

therefore, to be decided on by Congress before they go out of office,

if it be not out of the line of proceeding they may have chalked out for

themselves. If it be against their inclination to determine it, would

it be agreeable to them to refer it to the new government, by some

resolution, which should show they have not meant to disallow it, by

passing it over? Not knowing the circumstances under which Congress may

exist and act at the moment you shall receive this, I am unable to judge

what should be done on this subject. It is therefore that I ask the aid

of your friendship and that of Mr. Madison, that you will do for me

in this regard, what you think it is right should be done, and what it

would be right for me to do, were I on the spot, or were I apprized of

all existing circumstances. Indeed, were you two to think my claim

an improper one, I would wish it to be suppressed, as I have so much

confidence in your judgment, that I should suspect my own in any case

where it varied from yours, and more especially, in one where it

is liable to be warped by feeling. Give me leave, then, to ask your

consultation with Mr. Madison on this subject; and to assure you that

whatever you are so good as to do herein, will be perfectly approved,

and considered as a great obligation conferred on him, who has the honor

to be, with sentiments of the most perfect esteem and attachment, Dear

Sir, your friend and servant,

Th: Jefferson.

LETTER CXL.*--TO JAMES MADISON, May 28, 1788

TO JAMES MADISON.

Paris, May 28, 1788.

Dear Sir,

The enclosed letter for Mr. Jay, being of a private nature. I have

thought it better to put it under your cover, lest it might be opened

by some of his clerks, in the case of his absence. But I enclose a press

copy of it for yourself, as you will perceive the subject of it referred

to you, as well as to him. I ask your aid in it so far as you think

right, and to have done what you think right. If you will now be so good

as to cast your eye over the copy enclosed, what follows the present

sentence, will be some details, supplementary to that only, necessary

for your information, but not proper for me to state to Mr. Jay.

[* It will be seen that a few words of this letter are in

cipher. It is published, however, as written, because

enough of it is literal to interest the reader, to whom

also a specimen of the cipher, used by the Author, may

not be unacceptable.]

378.227.1247. though appointed a minister resident at the court of 514.

he never was 663. in that character. He was continually passing from

1042. to 514. and 514. to 1042., so that he had no occasion to establish

a household at either. Accordingly, he staid principally in furnished

lodgings. Of all our ministers, he had the least occasion for an

outfit, and I suppose spent almost nothing on that article. He was of

a disposition, too, to restrain himself within any limits of expense

whatever, and it suited his recluse turn, which is, to avoid society.

Should he judge of what others should do, by what he did, it would be

an improper criterion. He was in Europe as a voyageur only, and it was

while the salary was five hundred guineas more than at present.

145.1267.1046.7. he came over, when, instead of outfit and salary, all

expenses were paid. Of rigorous honesty, and careless of appearances, he

lived for a considerable time as an economical private individual. After

he was fixed at 812.141. and the salary at a sum certain, he continued

his economical style, till, out of the difference between his expenses

and his salary, he could purchase furniture for his house. This was the

easier, as the salary was at two thousand five hundred guineas then.

He was obliged, too, to be passing between 1042. and 812.141. so as to

avoid any regular current of expenses. When he established himself, his

pecuniary affairs were under the direction of 964.814.7.101.994., one

of the most estimable characters on earth, and the most attentive and

honorable economists. Neither had a wish to lay up a copper, but both

wished to make both ends meet. I suspected, however, from an expression

dropped in conversation, that they were not able to do this, and that

a deficit in their accounts appeared in their winding up. If this

conjecture be true, it is a proof that the salary, so far from admitting

savings, is unequal to a very plain style of life; for such was theirs.

I presume Congress will be asked to allow it, and it is evident to me,

from what I saw while in 1093. that it ought to be done, as they did

not expend a shilling which should have been avoided. Would it be more

eligible to set the example of making good a deficit, or to give him

an outfit, which will cover it? The impossibility of living on the sum

allowed, respectably, was the true cause of his insisting on his recall.

821.267.1292. He came over while all expenses were paid. He rented a

house with standing furniture, such as tables, chairs, presses, &c., and

bought all other necessaries. The latter were charged in his account;

the former was included in the article of house-rent, and paid during

the whole time of his stay here; and as the established rate of hire

for furniture is from thirty to forty per cent, per annum, the standing

furniture must have been paid for three times over, during the eight

years he staid here. His salary was two thousand five hundred guineas.

When Congress reduced it to less than two thousand, he refused to accede

to it, asked his recall, and insisted that whenever they chose to alter

the conditions on which he came out, if he did not approve of it, they

ought to replace him in America on the old conditions. He lived plain,

but as decently as his salary would allow. He saved nothing, but avoided

debt. He knew he could not do this on the reduced salary, and therefore

asked his recall with decision.

To 935.145. succeeded. He had established a certain style of living. The

same was expected from 1214. and there were five hundred guineas a

year less to do it on. It has been aimed at, however, as far as was

practicable. This rendered it constantly necessary to step neither to

the right nor to the left, to incur any expense which could possibly be

avoided, and it called for an almost womanly attention to the details

of the household, equally perplexing, disgusting, and inconsistent with

business. You will be sensible, that, in this situation, no savings

could be made for reimbursing the half year’s salary, ordered to be

advanced under the former commission, and more than as much again,

which was unavoidably so applied, without order, for the purchase of the

outfit. The reason of the thing, the usage of all nations, the usage of

our own, by paying all expenses of preceding ministers, which gave them

the outfit, as far as their circumstances appeared to them to render it

necessary, have made me take for granted all along, that it would not

be refused to me: nor should I have mentioned it now, but that the

administration is passing into other hands, and more complicated forms.

It would be disagreeable to me to be presented to them, in the first

instance, as a suitor. Men come into business at first with visionary

principles. It is practice alone, which can correct and conform them

to the actual current of affairs. In the mean time, those to whom their

errors were first applied, have been their victims. The government may

take up the project of appointing foreign ministers without outfits,

and they may ruin two or three individuals, before they find that that

article is just as indispensable as the salary. They must then fall into

the current of general usage, which has become general, only because

experience has established its necessity. Upon the whole, be so good as

to reflect on it, and to do, not what your friendship to me, but your

opinion of what is right, shall dictate.

Accept, in all cases, assurances of the sincere esteem and respect with

which I am, Dear Sir, your friend and servant,

Th: Jefferson.

LETTER CXLI.--TO PETER CARU, May 23, 1788

TO PETER CARU.

Paris, May 23, 1788.

Dear Peter,

The preceding letter [* For the letter referred to, see ante, LXXIV.]

was written at its date, and I supposed you in possession of it, when

your letters of December the 10th, 1787, and March the 18th, 1788, told

me otherwise. Still I supposed it on its way to you, when a few days

ago, having occasion to look among some papers in the drawer, where

my letters are usually put away, till an opportunity of sending them

occurs, I found that this letter had slipped among them, so that it

had never been forwarded. I am sorry for it, on account of the remarks

relative to the Spanish language only. Apply to that with all the

assiduity you can. That language and the English covering nearly the

whole face of America, they should be well known to every inhabitant,

who means to look beyond the limits of his farm. I like well the

distribution of your time, mentioned in your letter of March the 18th;

and the counsels of Mr. Wythe, so kindly extended to you, leave it

necessary for me to add nothing of that kind. Be assiduous in learning,

take much exercise for your health, and practise much virtue. Health,

learning, and virtue, will insure your happiness; they will give you

a quiet conscience, private esteem, and public honor. Beyond these, we

want nothing but physical necessaries, and they are easily obtained.

My daughters are well, and join me in love to yourself, your mother,

brothers, and sisters.

I am, with very sincere esteem, Dear Peter, your affectionate

friend,

Th: Jefferson.

LETTER CXLII.--TO THE COMTE DE BERNSTORFF, June 19, 1788

TO THE COMTE DE BERNSTORFF.

Paris, June 19, 1788.

I had the honor of addressing your Excellency, by Admiral Paul Jones,

on the 21st of January, on the subject of the prizes taken under his

command during the late war, and sent into Bergen. I communicated at the

same time a copy of the powers which the Congress of the United States

of America had been pleased to confide to me therein, having previously

shown the original to the Baron de Blome, Envoy Extraordinary of his

Majesty, the King of Denmark, at this court; and I furnished, at the

same time, to Admiral Paul Jones, such authority as I was empowered

to delegate, for the arrangement of this affair. That officer has

transmitted me a copy of your Excellency’s letter to him of the 4th of

April, wherein you are pleased to observe, that the want of full powers

on his part was an invincible obstacle to the definitive discussion of

this claim with him, and to express your dispositions to institute a

settlement at this place. Always assured of the justice and honor of

the court of Denmark, and encouraged by the particular readiness of your

Excellency to settle and remove this difficulty from between the two

nations, I take the liberty of recalling your attention to it. The place

of negotiation proposed by your Excellency, meets no objection from us,

and it removes, at the same time, that which the want of full powers in

Admiral Paul Jones had produced in your mind. These full powers Congress

have been pleased to honor me with. The arrangement taken between the

person to be charged with your full powers and myself, will be final

and conclusive. You are pleased to express a willingness to treat at

the same time on the subjects of amity and commerce. The powers formerly

communicated on our part, were given to Mr. Adams, Doctor Franklin, and

myself, for a limited term only. That term has expired, and the other

two gentlemen returned to America; so that no person is commissioned at

this moment to renew those conferences. I may safely, however, assure

your Excellency, that the same friendly dispositions still continue, and

the same desire of facilitating and encouraging a commerce between the

two nations, which produced the former appointment. But our nation is,

at this time, proposing a change in the organization of its government.

For this change to be agreed to by all the members of the Union, the new

administration chosen and brought into activity, their domestic matters

arranged, which will require their first attention, their foreign system

afterwards decided on and carried into full execution, will require very

considerable length of time. To place under the same delay the private

claims which I have the honor to present to your Excellency, would be

hard on the persons interested: because these claims have no connection

with the system of commercial connection, which may be established

between the two nations, nor with the particular form of our

administration. The justice due to them is complete, and the present

administration as competent to final settlement as any future one will

be, should a future change take place. These individuals have already

lingered nine years in expectation of their hard and perilous earnings.

Time lessens their numbers continually, disperses their representatives,

weakens the evidence of their right, and renders more and more

impracticable his Majesty’s dispositions to repair the private injury,

to which public circumstances constrained him. These considerations, the

just and honorable intentions of your Excellency, and the assurances you

give us in your letter, that no delay is wished on your part, give me

strong hopes that we may speedily obtain that final arrangement, which

express instructions render it my duty to urge. I have the honor,

therefore, of agreeing with your Excellency, that the settlement of this

matter, formerly begun at Paris, shall be continued there; and to

ask that you will be pleased to give powers and instructions for this

purpose to such persons as you shall think proper, and in such full form

as may prevent those delays, to which the distance between Copenhagen

and Paris might otherwise expose us.

I have the honor to be, with sentiments of the most profound respect,

your Excellency’s most obedient and most humble servant,

Th: Jefferson.

LETTER CXLIII.--TO THE COUNT DE MONTMORIN, June 20, 1788

TO THE COUNT DE MONTMORIN.

Paris, June 20, 1788.

Sir,

Having had the honor of mentioning to your Excellency the wish of

Congress, that certain changes should be made in the articles for a

consular convention, which had been sent to them, I have now that,

conformably to the desire you expressed, of giving a general idea of the

alterations to be proposed.

The fourth article gives to the consuls the immunities of the law of

nations. It has been understood, however, that the laws of France do not

admit of this; and that it might be desirable to expunge this article.

In this we are ready to concur, as in every other case, where an article

might call for changes in the established laws, either inconvenient or

disagreeable.

After establishing in favor of consuls, the general immunities of the

law of nations, one consequence of which would have been, that they

could not have been called upon to give testimony in courts of justice,

the fifth article requires, that after the observance of certain

formalities, which imply very high respect, they shall make a

declaration; but _in their own houses_ [_chez eux_] as may be pretended,

if not justly inferred, from the expressions in the article. But our

laws require, indispensably, a personal examination of witnesses in the

presence of the parties, of their counsel, the jury, and judges, each of

whom has a right to ask of them all questions pertinent to the fact.

The first and highest officers of our government are obliged to appear

personally to the order of a court, to give evidence. The court takes

care that they are treated with respect. It is proposed, therefore,

to omit this article for these particular reasons, as well as for the

general one, that the fourth being expunged, this, which was but an

exception to that, falls of course.

The seventh, eighth, tenth, and fourteenth articles extend their

pre-eminences far beyond those, which the laws of nations would have

given. These articles require that the declarations made in the presence

of consuls, and certified by them, shall be received in evidence in all

courts whatever: and, in some instances, give to their certificates a

credibility which excludes all other testimony. The cases are rare, in

which our laws admit written evidence of facts; and such evidence, when

admitted, must have been given in the presence of both parties, and must

contain the answers to all the pertinent questions, which they may have

desired to ask of the witness: and to no evidence, of whatever nature,

written or oral, do our laws give so high credit, as to exclude all

counter-proof. These principles are of such ancient foundation in our

system of jurisprudence, and are so much valued and venerated by our

citizens, that perhaps it would be impossible to execute articles, which

should contravene them, nor is it imagined that these stipulations can

be so interesting to this country, as to balance the inconvenience and

hazard of such an innovation with us. Perhaps it might be found, that

the laws of both countries require a modification of this article; as

it is inconceivable that the certificate of an American consul in

France could be permitted by one of its courts to establish a fact, the

falsehood of which should be notorious to the court itself.

The eighth article gives to the consuls of either nation a jurisdiction,

in certain cases, over foreigners of any other. On a dispute arising in

France, between an American and a Spaniard or an Englishman, it would

not be fair to abandon the Spaniard or Englishman to an American consul.

On the contrary, the territorial judge, as neutral, would seem to be the

most impartial. Probably, therefore, it will be thought convenient for

both parties, to correct this stipulation.

A dispute arising between two subjects of France, the one being in

France and the other in the United States, the regular tribunals of

France would seem entitled to a preference of jurisdiction. Yet the

twelfth article gives it to their consul in America; and to the consul

of the United States in France, in a like case between their citizens.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2 · 第 33 / 50 段