The campaign between the Turks and two Empires has been clearly in favor

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.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2 · 第 42 / 50 段