of the former. The Emperor is secretly trying to bring about a peace.
The alliance between England, Prussia, and Holland, (and some suspect
Sweden also) renders their mediation decisive, wherever it is proposed.
They seemed to interpose it so magisterially between Denmark and Sweden,
that the former submitted to its dictates, and there was all reason
to believe, that the war in the northwestern parts of Europe would be,
quieted. All of a sudden, a new flame bursts out in Poland. The King and
his party are devoted to Russia. The opposition rely on the protection
of Prussia. They have lately become the majority in the confederated
diet, and have passed a vote for subjecting their army to a commission
independent of the King, and propose a perpetual diet, in which case
he will be a perpetual cipher. Russia declares against such a change
in their constitution, and Prussia has put an army into readiness, for
marching, at a moment’s warning, on the frontier of Poland. These events
are too recent, to see, as yet, what turn they will take, or what effect
they will have on the peace of Europe. So is that also, of the lunacy
of the King of England, which is a decided fact, notwithstanding all the
stuff the English papers publish, about his fevers, his deliriums, &c.
The truth is, that the lunacy declared itself almost at once, and with
as few concomitant complaints, as usually attend the first developement
of that disorder. I suppose a regency will be established, and if it
consists of a plurality of members, it will, probably, be peaceable. In
this event, it will much favor the present wishes of this country,
which are so decidedly for peace, that they refused to enter into the
mediation between Sweden and Russia, lest it should commit them. As soon
as the convocation of the States General was announced, a tranquillity
took place through the whole kingdom: happily, no open rupture had
taken place, in any part of it. The parliament were re-instated in their
functions, at the same time. This was all they desired; and they had
called for the States General, only through fear that the crown could
not otherwise be forced to re-instate them. Their end obtained, they
began to foresee danger to themselves, in the States General. They began
to lay the foundation for caviling at the legality of that body, if its
measures should be hostile to them. The court, to clear itself of the
dispute, convened the _Notables_, who had acted with general approbation
on the former occasion, and referred to them the forms of calling and
organizing the States General. These _Notables_ consist principally
of Nobility and Clergy; the few of the _Tiers Etat_ among them, being
either parliament men, or other privileged persons. The court wished,
that, in the future States General, the members of the _Tiers Etat_
should equal those of both the other orders, and that they should form
but one House, all together, and vote by persons, not by orders. But the
_Notables_, in the true spirit of Priests and Nobles, combining together
against the people, have voted, by five bureaux out of six, that the
people, or _Tiers Etat_, shall have no greater number of deputies, than
each of the other orders separately, and that they shall vote by orders:
so that two orders concurring in a vote, the third will be overruled;
for it is not here as in England, where each of the three branches has
a negative on the other two. If this project of theirs succeeds, a
combination between the two Houses of Clergy and Nobles will render the
representation of the _Tiers Etat_ merely nugatory. The bureaux are to
assemble together, to consolidate their separate votes: but I see no
reasonable hope of their changing this. Perhaps the King, knowing that
he may count on the support of the nation, and attach it more closely to
him, may take on himself to disregard the opinion of the _Notables_ in
this instance, and may call an equal representation of the people, in
which precedents will support him. In every event, I think the present
disquiet will end well. The nation has been awaked by our Revolution;
they feel their strength, they are enlightened, their lights are
spreading, and they will not retrograde. The first States General may
establish three important points, without opposition from the court; 1.
their own periodical convocation; 2. their exclusive right of taxation
(which has been confessed by the King); 3. the right of registering
laws, and of previously proposing amendments to them, as the parliaments
have, by usurpation, been in the habit of doing. The court will consent
to this, from its hatred to the parliaments, and from the desire of
having to do with one, rather than many legislatures. If the States are
prudent, they will not aim at more than this at first, lest they should
shock the dispositions of the court, and even alarm the public
mind, which must be left to open itself, by degrees, to successive
improvements. These will follow, from the nature of things: how far they
can proceed, in the end, towards a thorough reformation of abuse, cannot
be foreseen. In my opinion, a kind of influence, which none of their
plans of reform take into account, will elude them all; I mean the
influence of women in the government. The manners of the nation allow
them to visit, alone, all persons in office, to solicit the affairs of
the husband, family, or friends, and their solicitations bid defiance
to laws and regulations. This obstacle may seem less to those, who, like
our countrymen, are in the precious habit of considering right, as
a barrier against all solicitation. Nor can such an one, without the
evidence of his own eyes, believe in the desperate state to which things
are reduced in this country, from the omnipotence of an influence,
which, fortunately for the happiness of the sex itself, does not
endeavor to extend itself, in our country, beyond the domestic line.
Your communications to the Count de Moustier, whatever they may have
been, cannot have done injury to my endeavors here, to open the West
Indies to us. On this head, the ministers are invincibly mute, though I
have often tried to draw them into the subject. I have therefore found
it necessary to let it lie, till war, or other circumstances, may force
it on. Whenever they are in war with England, they must open the islands
to us, and perhaps, during that war, they may see some price which might
make them agree to keep them always open. In the mean time, I have laid
my shoulder to the opening the markets of this country to our produce,
and rendering its transportation a nursery for our seamen. A maritime
force is the only one, by which we can act on Europe. Our navigation law
(if it be wise to have any) should be the reverse of that of England.
Instead of confining importations to home-bottoms, or those of
the producing nation, I think we should confine exportations to
home-bottoms, or to those of nations having treaties with us. Our
exportations are heavy, and would nourish a great force of our own,
or be a tempting price to the nation to whom we should offer a
participation of it, in exchange for free access to all their
possessions. This is an object to which our government alone is
adequate, in the gross; but I have ventured to pursue it here, so far as
the consumption of our productions by this country extends. Thus, in
our arrangements relative to tobacco, none can be received here, but
in French or American bottoms. This is employment for near two thousand
seamen, and puts nearly that number of British out of employ. By the
_Arrêt_ of December, 1787, it was provided, that our whale-oils should
not be received here, but in French or American bottoms; and by later
regulations, all oils, but those of France and America, are excluded.
This will put one hundred English whale vessels immediately out of
employ, and one hundred and fifty ere long; and call so many of French
and American into service. We have had six thousand seamen formerly
in this business, the whole of whom we have been likely to lose.
The consumption of rice is growing fast in this country, and that of
Carolina gaining ground on every other kind. I am of opinion, the whole
of the Carolina rice can be consumed here. Its transportation employs
two thousand five hundred sailors, almost all of them English at
present; the rice being deposited at Cowes, and brought from thence
here. It would be dangerous to confine this transportation to French and
American bottoms, the ensuing year, because they will be much engrossed
by the transportation of wheat and flour hither, and the crop of rice
might lie on hand for want of vessels; but I see no objections to the
extension of our principle to this article also, beginning with the year
1790. However, before there is a necessity of deciding on this, I hope
to be able to consult our new government in person, as I have asked of
Congress a leave of absence for six months, that is to say, from April
to November next. It is necessary for me to pay a short visit to my
native country, first, to reconduct my family thither, and place them
in the hands of their friends, and secondly, to place my private affairs
under certain arrangements. When I left my own house, I expected to be
absent but five months, and I have been led by events to an absence
of five years. I shall hope, therefore, for the pleasure of personal
conferences with your Excellency, on the subject of this letter, and
others interesting to our country; of getting my own ideas set to rights
by a communication of yours, and of taking again the tone of sentiment
of my own country, which we lose in some degree, after a certain
absence. You know, doubtless, of the death of the Marquis de Chastellux.
The Marquis de la Fayette is out of favor with the court, but high in
favor with the nation. I once feared for his personal liberty, but I
hope he is on safe ground at present.
On the subject of the whale-fishery, I enclose you some observations I
drew up for the ministry here, in order to obtain a correction of their
_Arrêt_ of September last, whereby they had involved our oils with the
English, in a general exclusion from their ports. They will accordingly
correct this, so that our oils will participate with theirs, in the
monopoly of their markets. There are several things incidentally
introduced, which do not seem pertinent to the general question: they
were rendered necessary by particular circumstances, the explanation
of which would add to a letter already too long. I will trespass no
further, than to assure you of the sentiments of sincere attachment
and respect, with which I have the honor to be your Excellency’s most
obedient, humble servant,
Th: Jefferson.
P. S. The observations enclosed, though printed, have been put into
confidential hands only. T. J.
LETTER CLXXIII.--TO JOHN ADAMS, December 5, 1788
TO JOHN ADAMS.
Paris, December 5, 1788.
Dear Sir,
I had the pleasure of writing to you on the 2nd of August, and of adding
a Postscript of August the 6th.
You recollect well the _Arrêt_ of December the 29th, 1787, in favor of
our commerce, and which, among other things, gave free admission to our
whale-oil, under a duty of about two louis a ton. In consequence of the
English treaty, their oils flowed in, and over-stocked the market. The
light duty they were liable to under the treaty, still lessened by false
estimates and aided by the high premiums of the British government,
enabled them to undersell the French and American oils. This produced an
outcry of the Dunkirk fishery. It was proposed to exclude all European
oils, which would not infringe the British treaty. I could not but
encourage this idea, because it would give to the French and American
fisheries a monopoly of the French market. The _Arrêt_ was so drawn
up; but, in the very moment of passing it, they struck out the word
European, so that our oils became involved. This, I believe, was the
effect of a single person in the ministry. As soon as it was known to
me, I wrote to Monsieur de Montmorin, and had conferences with him and
the other ministers. I found it necessary to give them information on
the subject of the whale-fishery, of which they knew little but from the
partial information of their Dunkirk adventurers. I therefore wrote the
observations (of which I enclose you a printed copy), had them printed
to entice them to read them, and particularly developed the expense at
which they are carrying on that fishery, and at which they must continue
it, if they do continue it. This part was more particularly intended for
Mr. Necker, who was quite a stranger to the subject, who has principles
of economy, and will enter into calculations. Other subjects are
incidentally introduced; though little connected with the main question,
they had been called for by other circumstances. An immediate order was
given for the present admission of our oils, till they could form
an _Arrêt_; and, at a conference, the draught of an _Arrêt_ was
communicated to me, which re-established that of December the 29th. They
expressed fears, that, under cover of our name, the Nova Scotia oils
would be introduced; and a blank was left in the draught for the means
of preventing that. They have since proposed, that the certificate of
their consul shall accompany the oils, to authorize their admission,
and this is what they will probably adopt. It was observed, that if our
States would prohibit all foreign oils from being imported into them, it
would be a great safeguard, and an encouragement to them to continue the
admission. Still there remains an expression in the _Arrêt_, that it is
provisory only. However, we must be contented with it as it is; my
hope being, that the legislature will be transferred to the National
Assembly, in whose hands it will be more stable, and with whom it will
be more difficult to obtain a repeal, should the ministry hereafter
desire it. If they could succeed in drawing over as many of our
Nantucket men as would supply their demands of oil, we might then fear
an exclusion; but the present _Arrêt_, as soon as it shall be passed,
will, I hope, place us in safety till that event, and that event may
never happen. I have entered into all these details, that you may be
enabled to quiet the alarm which must have been raised by the _Arrêt_
of September the 28th, and assure the adventurers that they may pursue
their enterprises as safely as if that had never been passed, and more
profitably, because we participate now of a monopolized, instead of an
open market. The enclosed observations, though printed, have only been
given to the ministers, and one or two other confidential persons. You
will see that they contain matter which should be kept from the English,
and will therefore trust them to the perusal only of such persons as you
can confide in. We are greatly indebted to the Marquis de la Fayette
for his aid on this, as on every other occasion. He has paid the closest
attention to it, and combated for us with the zeal of a native.
The necessity of reconducting my family to America, and of placing my
affairs there under permanent arrangements, has obliged me to ask of
Congress a six months’ absence, to wit, from April to November next.
I hope, therefore, to have the pleasure of seeing you there, and
particularly, that it will be at New York that I shall find you. Be so
good as to present my sincere esteem to Mrs. Adams, and believe me
to be, with very affectionate attachment, Dear Sir, your friend and
servant,
Th: Jefferson.
LETTER CLXXIV.--TO MR. SHORT, December 8, 1788
TO MR. SHORT.
Paris, December 8, 1788.
Dear Sir,
My last to you was of the 21st of November, addressed to Milan, _poste
restante_, according to the desire expressed through Mrs. Paradise.
I have lately received yours of the 19th of November, and sincerely
felicitate you on your recovery. I wish you may have suffered this to be
sufficiently established before you set out on your journey. The present
letter will probably reach you amidst the classical enjoyments of
Rome. I feel myself kindle at the reflection, to make that journey; but
circumstances will oblige me to postpone it at least. We are here
under a most extraordinary degree of cold. The thermometer has been ten
degrees of Reaumur below freezing: this is eight degrees of Fahrenheit
above zero, and was the degree of cold here in the year 1740. The long
continuance of this severity, and the snow now on the ground, give
physical prognostications of a hard winter. You will be in a privileged
climate, and will have had an enviable escape from this. The _Notables_
are not yet separated, nor is their treasonable vote against the people
yet consolidated; but it will be. The parliament have taken up the
subject, and passed a very laudable vote in opposition. They have made
it the occasion of giving sketches of what should be a bill of rights.
Perhaps this opposition of authority may give the court an option
between the two. Stocks are rising slowly, but steadily. The loan of
1784 is at thirteen loss; the _caisse d’escompte_, four thousand and
seventy-five. The Count de Bryenne has retired, and M. de Puysegur
succeeded to his place. Madame de Chambonois (sister of M. de Langear)
is dead of the small-pox. Pio is likely to receive a good appointment in
his own country, which will take him from us. Corn is likely to become
extremely scarce in France, Spain, and England. This country has offered
a premium of forty sous the quintal on flour of the United States,
and thirty sous the quintal on our wheat, to be brought here between
February and June.
General Washington writes me, that industry and economy begin to take
place of that idleness and extravagance which had succeeded the close
of the war. The Potomac canal is in great forwardness. J. M. writes me
word, that Mr. Jay and General Knox are talked of in the Middle States
for Vice-Presidents, but he queries whether both will not prefer their
present births. It seems agreed, that some emendations will be made to
the new constitution. All are willing to add a bill of rights; but they
fear the power of internal taxation will be abridged. The friends of
the new government will oppose the method of amendment by a federal
convention, which would subject the whole instrument to change, and they
will support the other method, which admits Congress, by a vote of two
thirds, to submit specific changes to the Assemblies, three fourths of
whom must concur to establish them.
The enclosed letter is from Pallegrino, one of the Italian laborers
established in our neighborhood. I fancy it contains one for his father.
I have supposed it would not be unpleasant to you to have the delivery
of it, as it may give you a good opportunity of conferring with one of
that class as much as you please. I obey at the same time my own wishes
to oblige the writer. Mazzei is at this time ill, but not in danger. I
am impatient to receive further letters from you, which may assure me of
the solidity of your recovery, being, with great anxiety for your health
and happiness, Dear Sir, your affectionate friend and servant,
Th: Jefferson.
[The annexed is here inserted in the Author’s MS. To whom
addressed, does not appear.]
The Minister Plenipotentiary for the United States of America finds
himself under the necessity of declining to authenticate writings
destined to be sent to the United States, for this main reason, that
such authentication is not legal evidence there. After a reason so
sufficient, it seems superfluous to add, that, were his authentication
admissible in the courts of the United States, he could never give it to
any seal or signature, which had not been put in his presence; that he
could never certify a copy, unless both that and the original were in a
hand-writing legible to him, and had been compared together by him,
word by word: that so numerous are the writings presented, that their
authentication alone would occupy the greater part of his time, and,
withdrawing him from his proper duties, would change the nature of his
office to that of a notary. He observes to those who do him the honor
of addressing themselves to him on this subject, that the laws for the
authentication of foreign writings are not the same through all the
United States, some requiring an authentication under the seal of the
_Prevoté_ of a city, and others admitting that of a Notary: but that
writings authenticated in both these manners, will, under the one or the
other, be admitted in most, if not all of the United States. It would
seem advisable, then, to furnish them with this double authentication.
LETTER CLXXV.--TO DOCTOR GILMER, December 16, 1788
TO DOCTOR GILMER.
Paife, December 16, 1788.
Dear Doctor,
Your last letter of December the 23rd was unlucky, like the former one,
in arriving while I was absent on a call of public business in Holland.
I was discouraged from answering the law part of it on my return,
because I foresaw such a length of time between the date of that and
receipt of the answer, as would give it the air of a prescription after
the death of the patient. I hope the whole affair is settled, and that
you are established in good titles to all the lands. Still, however,
being on the subject, I cannot help adding a word, in answer to the
objection which you say is raised on the words ‘the estate,’ instead of
‘my estate.’ It has long been confessed in the courts, that the
first decision, that a devise of lands to a person without words
of inheritance, should carry an estate for life only, was an absurd
decision, founded on feudal principles, after feudal ideas had long been
lost by the unlettered writers of their own wills: and it has often been
said, that were the matter to begin again, it should be decided that
such a devise should carry a fee simple, as every body is sensible
testators intend, by these expressions. The courts, therefore,
circumscribe the authority of this chain of decisions, all hanging on
the first link, as much as possible; and they avail themselves of every
possible circumstance which may render any new case unlike the old one,
and authorize them to conform their judgments to common sense, and the
will of the testator. Hence they decide, that in a devise of ‘my estate
at M.’ to such a one, without words of inheritance, the word estate is
descriptive of the duration of the interest bequeathed, as well as its
locality. From the same desire of getting back into the paths of common
sense, they would not suffer the particle ‘the’ instead of ‘my’, to make
a difference. ‘My estate at M.’ means not only my lands at M., but my
fee simple in them. ‘The estate at M.’ means not only ‘the lands the
testator holds at M., but the fee simple he has in them.’ Another
objection will be made, perhaps, viz. that the testator devises in
the same clause his estate called Marrow-bone, his tract called
Horse-pasture, and his tract called Poison-field; that it is probable he
intended to give the same interest in all; and as it is confessed that
the word tract conveys but an estate for life, we must conclude that the
word estate was meant to convey the same. I should reverse the argument,
and say, as it confessed the word estate, conveys an estate in fee
simple, we must conclude the word tract was meant to convey the same;
that this conclusion coincides with the wishes of the courts, as
bringing them back to what is right and consentaneous to the intention
of the testator, as furnishing them a circumstance to distinguish the
case from the original one, and withdraw it from its authority; whereas,
the contrary conclusion tends to lead them further from the meaning of
testators, and to fix them in error.
But I perceive that my wishes to see the weight of no objection where
you are interested, are leading me to write an argument, where I had
promised I would say only a word. I will, therefore, talk the subject
over with you at Monticello, or Pen-park. I have asked of Congress a
leave of five or six months’ absence next year, that I may carry my
daughters home, and assist in the arrangement of my affairs. I shall
pass two of the months at Monticello, that is to say, either June and
July, or July and August, according to the time I may sail, which I hope
will be in April: and then go on to New York and Boston, from whence I
shall embark again for Europe, so as to get here before the winter sets
in. I look forward with great fondness to the moment, when I can again
see my own country and my own neighbors, and endeavor to anticipate as
little as possible the pain of another separation from them. I hope
I shall find you all under the peaceable establishment of the new
constitution, which, as far as I can judge from public papers, seems to
have become necessary for the happiness of our country. I thank you for
your kind inquiries about my wrist. I followed advice with it, till I
saw, visibly, that the joint had never been replaced, and that it was
absurd to expect that cataplasms and waters would reduce dislocated
bones. From that moment I have done nothing. I have for ever lost the
use of my hand, except that I can write: and a withered hand and swelled
and crooked fingers, still remaining twenty-seven months after the
accident, make me fear I do not yet know the worst of it. But this, too,
we will talk over at Monticello, and endeavor that it be the only pain
to which our attention may be recalled. Adieu, my dear friend. Kiss and
bless every body for me, Mrs. Gilmer especially. Assure her and
yourself of the sincere and constant attachment of, Dear Doctor, your
affectionate friend and servant,
Th: Jefferson.
LETTER CLXXVI.--TO THOMAS PAINE, December 23,1788
TO THOMAS PAINE.
Paris, December 23,1788.
Dear Sir,
It is true that I received very long ago your favors of September the
9th and 15th, and that I have been in daily intention of answering them,
fully and confidentially; but you know such a correspondence between
you and me cannot pass through the post, nor even by the couriers
of ambassadors. The French packet-boats being discontinued, I am now
obliged to watch opportunities by Americans going to London, to write
my letters to America. Hence it has happened, that these, the sole
opportunities by which I can write to you without fear, have been lost,
by the multitude of American letters I had to write. I now determine,
without foreseeing any such conveyance, to begin my letter to you,
so that when a conveyance occurs, I shall only have to add recent
occurrences. Notwithstanding the interval of my answer which has taken
place, I must beg a continuance of your correspondence; because I
have great confidence in your communications, and since Mr. Adams’s
departure, I am in need of authentic information from that country.