I consider the people who constitute a society or nation as the source of

all authority in that nation; as free to transact their common concerns

by any agents they think proper; to change these agents individually, or

the organization of them in form or function whenever they please; that

all the acts done by these agents under the authority of the nation,

are the acts of the nation, are obligatory to them and enure to their

use, and can in no wise be annulled or affected by any change in the

form of the government, or of the persons administering it, consequently

the treaties between the United States and France, were not treaties

between the United States and Louis Capet, but between the two nations of

America and France; and the nations remaining in existence, though both

of them have since changed their forms of government, the treaties are

not annulled by these changes. The law of nations, by which this question

is to be determined, is composed of three branches. 1. The moral law of

our nature. 2. The usages of nations. 3. Their special conventions. The

first of these only concerns this question, that is to say the moral

law to which man has been subjected by his creator, and of which his

feelings or conscience, as it is sometimes called, are the evidence with

which his creator has furnished him. The moral duties which exist between

individual and individual in a state of nature, accompany them into a

state of society, and the aggregate of the duties of all the individuals

composing the society constitutes the duties of that society towards any

other; so that between society and society the same moral duties exist

as did between the individuals composing them, while in an unassociated

state, and their maker not having released them from those duties on

their forming themselves into a nation. Compacts then, between nation

and nation, are obligatory on them by the same moral law which obliges

individuals to observe their compacts. There are circumstances, however,

which sometimes excuse the non-performance of contracts between man and

man; so are there also between nation and nation. When performance,

for instance, becomes _impossible_, non-performance is not immoral;

so if performance becomes _self-destructive_ to the party, the law of

self-preservation overrules the laws of obligation in others. For the

reality of these principles I appeal to the true fountains of evidence,

the head and heart of every rational and honest man. It is there nature

has written her moral laws, and where every man may read them for

himself. He will never read there the permission to annul his obligations

for a time, or forever, whenever they become dangerous, useless, or

disagreeable; certainly not when merely useless or disagreeable, as seems

to be said in an authority which has been quoted, (Vattel, p. 2, 197) and

though he may, under certain degrees of danger, yet the danger must be

imminent, and the degree great. Of these, it is true, that nations are

to be judges for themselves; since no one nation has a right to sit in

judgment over another, but the tribunal of our consciences remains, and

that also of the opinion of the world. These will revise the sentence

we pass in our own case, and as we respect these, we must see that in

judging ourselves we have honestly done the part of impartial and rigorous

judges.

But reason which gives this right of self-liberation from a contract in

certain cases, has subjected it to certain just limitations.

I. The danger which absolves us must be great, inevitable and imminent.

Is such the character of that now apprehended from our treaties with

France? What is that danger? 1st. Is it that if their government issues

in a military despotism, an alliance with them may taint us with despotic

principles? But their government when we allied ourselves to it, was

perfect despotism, civil, and military, yet the treaties were made in

that very state of things, and, therefore, that danger can furnish no

just cause.

2d. Is it that their government may issue in a republic, and too much

strengthen our republican principles? But this is the hope of the great

mass of our constituents, and not their dread. They do not look with

longing to the happy mean of a limited monarchy.

3d. But, says the doctrine I am combatting, the change the French are

undergoing, may possibly end in something we know not what, and may bring

on us danger we know not whence. In short, it may end in a Raw-head and

bloody bones in the dark. Very well--let Raw-head and bloody bones come.

We shall be justified in making our peace with him by renouncing our

ancient friends and his enemies; for observe, it is not the _possibility

of danger_ which absolves a party from his contract for that possibility

always exists, and in every case. It existed in the present one, at the

moment of making the contract. If _possibilities_ would void contracts,

there never could be a valid contract, for possibilities hang over

everything. Obligation is not suspended till the danger is become real,

and the moment of it so imminent, that we can no longer avoid decision

without forever losing the opportunity to do it. But can a danger which

has not yet taken its shape, which does not yet exist, and never may

exist which cannot therefore be defined--can such a danger, I ask, be

so imminent that if we fail to pronounce on it in this moment, we can

never have another opportunity of doing it?

4. As to the danger apprehended, Is it that (the treaties remaining

valid) the clause guaranteeing their West Indian lands will engage us

in the war? But does the guarantee engage us to enter into the war on

any event? Are we to enter into it before we are called on by our allies?

Have we been called on by them? Shall we ever be called on?

Is it their interest to call on us?

Can they call on us before their islands are invaded, or immediately

threatened?

If they can save them themselves, have they a right to call on us?

Are we obliged to go to war at once, without trying peaceable negotiations

with their enemy?

If all these questions are against us, there are still others left behind.

Are we in a condition to go to war?

Can we be expected to begin before we are in condition?

Will the islands be lost if we do not save them?

Have we the means of saving them?

If we cannot save them, are we bound to go to war for a desperate object?

Many, if not most of these questions offer grounds of doubt whether the

clause of guarantee will draw us into the war. Consequently, if this

be danger apprehended, it is not yet certain enough to authorize us in

sound morality to declare, at this moment, the treaties null.

5. Is danger apprehended from the 17th article of the treaty of commerce,

which admits French ships of war and privateers to come and go freely,

with prizes made on their enemies, while their enemies are not to have the

same privilege with prizes made on the French? But Holland and Prussia

have approved of this article in our treaty with France, by subscribing

to an express salvo of it in our treaties with them. (Dutch treaty 22,

convention 6. Prussian treaty 19.) And England, in her last treaty with

France, (Art. 40,) has entered into the same stipulation verbatim, and

placed us in her ports on the same footing in which she is in ours, in

case of a war of either of us with France. If we are engaged in such a

war, England must receive prizes made on us by the French, and exclude

those made on the French by us. Nay, further; in this very article of

her treaty with France, is a salvo of any similar article in any anterior

treaty of either party; and ours with France being anterior, this salvo

confirms it expressly. Neither of these three powers, then, have a right

to complain of this article in our treaty.

6. Is the danger apprehended from the 22d article of our treaty of

commerce, which prohibits the enemies of France from fitting out

privateers in our posts, or selling their prizes here; but we are free

to refuse the same thing to France, there being no stipulation to the

contrary; and we ought to refuse it on principles of fair neutrality.

7. But the reception of a minister from the republic of France, without

qualifications, it is thought, will bring us into danger; because this,

it is said, will determine the continuance of the treaty, and take

from us the right of self-liberation, when at any time hereafter our

safety would require us to use it. The reception of the minister at

all, (in favor of which Colonel Hamilton has given his opinion, though

reluctantly, as he confessed,) is an acknowledgment of the legitimacy

of their government; and if the qualifications meditated are to deny

that legitimacy, it will be a curious compound which is to admit and

to deny the same thing. But I deny that the reception of a minister has

any thing to do with the treaties. There is not a word in either of them

about sending ministers. This has been done between us under the common

usage of nations, and can have no effect either to continue or annul

the treaties.

But how can any act of election have the effect to continue a treaty

which is acknowledged to be going on still?--for it was not pretended

the treaty was void, but only voidable if we choose to declare it so.

To make it void, would require an act of election, but to let it go on,

requires only that we should do nothing; and doing nothing can hardly

be an infraction of peace or neutrality.

But I go further and deny that the most explicit declaration made at this

moment that we acknowledge the obligation of the treaties, could take

from us the right of non-compliance at any future time, when compliance

would involve us in great and inevitable danger.

I conclude, then, that few of these sources threaten any danger at all;

and from none of them is it inevitable; and consequently, none of them

give us the right at this moment of releasing ourselves from our treaties.

II. A second limitation on our right of releasing ourselves, is that we

are to do it from so much of the treaties only as is bringing great and

inevitable danger on us, and not from the residue, allowing the other

party a right at the same time, to determine whether on our non-compliance

with that part, they will declare the whole void. This right they would

have, but we should not. Vattel, 2. 202. The only part of the treaty

which can really lead us into danger, is the clause of guarantee. That

clause is all that we could suspend in any case, and the residue will

remain or not at the will of the other party.

III. A third limitation is that when a party from necessity or danger

withholds compliance with part of a treaty, it is bound to make

compensation where the nature of the case admits and does not dispense

with it. 2 Vattel, 324. Wolf, 270. 443. If actual circumstances excuse

us from entering into the war under the clause of guarantee, it will be

a question whether they excuse us from compensation. Our weight in the

war admits of an estimate; and that estimate would form the measure of

compensation.

If, in withholding a compliance with any part of the treaties we do it

without just cause or compensation, we give to France a cause of war,

and so become associated in it on the other side. An injured friend is

the bitterest of foes, and France has not discovered either timidity,

or over-much forbearance on the late occasions. Is this the position

we wish to take for our constituents? It is certainly not the one they

would take for themselves.

I will proceed now to examine the principal authority which has been

relied on for establishing the right of self-liberation; because though

just in part, it would lead us far beyond justice, if taken in all the

latitude of which his expressions would admit. Questions of natural right

are triable by their conformity with the moral sense and reason of man.

Those who write treatises of natural law, can only declare what their

own moral sense and reason dictate in the several cases they state. Such

of them as happen to have feelings and a reason coincident with those

of the wise and honest part of mankind, are respected and quoted as

witnesses of what is morally right or wrong in particular cases. Grotius,

Puffendorf, Wolf, and Vattel are of this number. Where they agree their

authority is strong; but where they differ, (and they often differ,) we

must appeal to our own feelings and reason to decide between them. The

passages in question shall be traced through all these writers; that we

may see wherein they concur, and where that concurrence is wanting. It

shall be quoted from them in the order in which they wrote, that is to

say, from Grotius first, as being the earliest writer, Puffendorf next,

then Wolf, and lastly Vattel, as latest in time.

GROTIUS 2. 16. 16.

Hither must be referred the common question concerning personal and

real treaties. If indeed it be with a free people, there can be no doubt

but that the engagement is in its nature real, because the subject is a

permanent thing, and even though the government of the State be changed

into a kingdom, the treaty remains; because the same body remains though

the head is changed; and as it was before now, the government which is

exercised by a king does not cease to be the government of the people.

There is an exception when the object seems peculiar to the government,

as if free cities contract a league for the defence of their freedom.

PUFFENDORF 8. 9. 6.

It is certain that every alliance made with a republic is real in its

nature, and continues consequently to the terms agreed on by the treaty,

although the magistrates who concluded it be dead before, so that the

form of government is changed even from a democracy to a monarchy, for

in this case the people do not cease to be the same, and the king, in

the case supposed, being established by the consent of the people who

abolished the republican government, is understood to accept the crown

with all the engagements which the people confessing it had contracted

as being free and governing themselves. There must nevertheless be

an exception of the alliances contracted with a view to preserve the

present government; as if two republics league for mutual defence against

those who would undertake to invade their liberty; for if one of these

two people consent afterwards voluntarily to change the form of the

government, the alliance ends of itself, because the reason on which it

was founded no longer subsists.

WOLF 1146.

The alliance which is made with a free people, or with a popular

government, is a real alliance; and as when the form of government

changes, the people remain the same (for it is the association which

forms the people, and not the manner of administering the government).

This alliance subsists, though the form of government changes, _unless_,

as is evident, the reason of the alliance was particular to the popular

state.

VATTEL 2. 197.

The same question presents itself in real alliances, and in general on

every alliance made with a State, and not in particular with a king for

the defence of his person. We ought, without doubt, to defend our ally

against all invasion, against all foreign violence, and even against

rebel subjects. We ought, in like manner, to defend a republic against

the enterprises of an oppressor of the public liberty. But we ought to

recollect that we are the ally of the state or of the nation, and not

its judge. If the nation has deposed its king in form; if the people of a

republic have driven away its magistrates, and have established themselves

free, or if they have acknowledged the authority of an usurper, whether

expressly or tacitly, to oppose these domestic arrangements--to contest

their justice or validity--would be to meddle with the government of the

nation, and to do it an injury. The ally remains the ally of the state,

notwithstanding the change which has taken place; _but if this change

renders the alliance useless, dangerous, or disagreeable to it, it is

free to renounce it; for it may say with truth, that it would not have

allied itself with this nation, if it had been under the present form

of its government_.

The doctrine then of Grotius, Puffendorf, and Wolf is, that "treaties

remain obligatory, notwithstanding any change in the form of government,

except in the single case, where the preservation of that form was the

object of the treaty;" there the treaty extinguishes, not by the election

or declaration of the party remaining in _statu quo_, but independently

of that, by the evanishment of the object. Vattel lays down in fact the

same doctrine, that treaties continue obligatory, notwithstanding a change

of government by the will of the other party;--that to oppose that will

would be a wrong; and that the ally remains an ally, notwithstanding the

change. So far he concurs with all the previous writers:--but he then

adds what they had not said nor could say; but if this change renders

the alliance _useless_, _dangerous_ or _disagreeable_ to it, it is free to

renounce it. It was unnecessary for him to have specified the exception

of _danger_ in this particular case, because the exception exists in all

cases, and its extent has been considered; but when he adds that, because

a contract is become merely _useless_ or _disagreeable_ we are free to

renounce it,--he is in opposition to Grotius, Puffendorf, and Wolf, who

admit no such license against the obligation of treaties, and he is in

opposition to the morality of every honest man to whom we may safely

appeal to decide whether he feels himself free to renounce a contract

the moment it becomes _merely useless_ or _disagreeable_ to him. We may

appeal to Vattel himself in those parts of his book where he cannot be

misunderstood, and to his known character, as one of the most zealous

and constant advocates for the preservation of good faith in all our

dealings. Let us hear him on other occasions; and first where he shows

what degree of danger or injury will authorize self-liberation from a

treaty: "If simple lesion," (lesion--the loss sustained by selling a

thing for less than half value, which degree of loss renders the sale

void by the Roman law,) "if simple lesion," says he, "or some degree of

disadvantage in a treaty does not suffice to render it invalid, it is

not so as to inconvenience which would go to the _ruin_ of the nation.

As every treaty ought to be made by sufficient power, a treaty pernicious

to the State is null, and not at all obligatory. No governor of a nation

having power to engage things capable of _destroying_ the State, for

the safety of which the empire entrusts to him, the nation itself, bound

necessarily to whatever its preservation and safety require, cannot enter

into engagements contrary to its indispensable obligations." Here then

we find that the degree of injury or danger which he deems sufficient to

liberate us from a treaty, is that which would go to the absolute ruin or

destruction of the State;--not simply the lesion of the Roman law, not

merely the being disadvantageous or dangerous; for as he himself says,

Section 158, "lesion cannot render a treaty invalid. It is his duty who

enters into engagements, to weigh well all things before he concludes. He

may do with his property what he pleases. He may relinquish his rights

or renounce his advantages, as he judges proper. The acceptant is not

obliged to inform himself of his motives nor to weigh then just value.

If we could free ourselves from a compact because we find ourselves

injured by it, there would be nothing firm in the contracts of nations.

Civil laws may set limits to lesion, and determine the degree capable

of producing a nullity of the contract; but sovereigns acknowledge no

judge. How establish lesion among them? Who will determine the degree

sufficient to invalidate a treaty? The happiness and peace of nations

require manifestly that their treaties should not depend on a means of

nullity so vague and so dangerous."

Let us hear him again on the general subject of the observation of

treaties, Section 163: "It is demonstrated in natural law that he who

promises another, confers on him a perfect right to require the thing

promised, and that consequently, not to observe a perfect promise is to

violate the right of another; it is as manifest injustice as to plunder

any one of their right. All the tranquillity, the happiness and security

of mankind, rest on justice or the obligation to respect the rights of

others. The respect of others for our right of domain and property is

the security of our actual possessions. The faith of promises is the

security for the things which cannot be delivered or executed on the spot.

No more security, no more commerce among men, if they think themselves

not bound to preserve faith, to keep their word. This obligation, then,

is as necessary as it is natural and indubitable among nations who live

together in a state of nature, and who acknowledge no superior on earth.

To maintain order and peace in their society, nations and their governors

then ought to observe inviolably their promises and their treaties. This

is a great truth, although too often neglected in practice, is generally

acknowledged by all nations, the reproach of perfidy is a bitter affront

among sovereigns. Now he who does not observe a treaty is assuredly

perfidious, since he violates his faith. On the contrary, nothing is

so glorious to a prince and his nation as the reputation of inviolable

fidelity to his word." Again, Section 219, "Who will doubt that treaties

are of the things sacred among nations? They decide matters the most

important; they impose rules on the pretensions of sovereigns, they

cause the rights of nations to be acknowledged; they assume their most

precious interests. Among political bodies, sovereigns, who acknowledge

no superior on earth, treaties are the only means of adjusting their

different pretensions; of establishing a rule, to know on what to

count, on what to depend. But treaties are but vain words, if nations

do not consider them as respectable engagements, as rules inviolable for

sovereigns, and sacred through the whole earth." Section 220: "The faith

of treaties, that firm and sincere will, that invincible constancy in

fulfilling engagements, of which a declaration is made in a treaty, is

then holy and sacred among nations, whose safety and repose it ensures;

and if nations will not be wanting to themselves, they will load with

infamy whoever violates his faith."

After evidence so copious and explicit of the respect of this author

for the sanctity of treaties, we should hardly have expected that his

authority would have been resorted to for a wanton invalidation of them

whenever they should become merely _useless or disagreeable_. We should

hardly have expected that, rejecting all the rest of his book, this

scrap would have been culled and made the hook whereon to hang such a

chain of immoral consequences. Had the passage accidentally met our eye,

we should have imagined it had fallen from the author's pen under some

momentary view, not sufficiently developed to found a conjecture what

he meant, and we may certainly affirm that a fragment like this cannot

weigh against the authority of all other writers; against the uniform

and systematic doctrine of the very work from which it is torn; against

the moral feelings and the reason of all honest men. If the terms of the

fragment are not misunderstood, they are in full contradiction to all the

written and unwritten evidences of morality. If they are misunderstood,

they are no longer a foundation for the doctrines which have been built

on them.

But even had this doctrine been as true as it is manifestly false, it

would have been asked, to whom is it that the treaties with France have

become _disagreeable_? How will it be proved that they are _useless_?

The conclusion of the sentence suggests a reflection too strong to be

suppressed, "for the party may say with truth that it would not have

allied itself with this nation if it had been under the present form of

its government." The republic of the United States allied itself with

France when under a despotic government. She changes her government, and

declares it shall be a republic; prepares a form of republic extremely

free, and in the meantime is governing herself as such. And it is proposed

that America shall declare the treaties void, because it may say with

truth that it would not have allied itself with that nation if it had

been under the present form of its government. Who is the American who

can say with truth that he would not have allied himself to France if

she had been a republic? Or that a republic of any form would be as

_disagreeable_ as her ancient despotism?

Upon the whole I conclude, that the treaties are still binding,

notwithstanding the change of government in France; that no part of them

but the clause of guarantee holds up _danger_, even at a distance, and

consequently that a liberation from no other part would be prepared in

any case; that if that clause may ever bring _danger_, it is neither

extreme nor imminent, nor even probable that the authority for renouncing

a treaty, when _useless or disagreeable_, is either misunderstood or in

opposition to itself, to all other writers, and to every moral feeling;

that were it not so, these treaties are in fact neither useless or

disagreeable; that the receiving a minister from France at this time is

an act of no significance with respect to the treaties, amounting neither

to an admission nor denial of them, forasmuch as he comes not under any

stipulation in them; that were it an explicit admission, or were it an

express declaration of their obligation now to be made, it would not take

from us that right which exists at all times, of liberating ourselves

when an adherence to the treaties would be _ruinous_ or _destructive_ to

the society; and that the not renouncing the treaties now is so far from

being a breach of neutrality, that the doing it would be the breach, by

giving just cause of war to France.

XXXVI.--_Opinion relative to granting of passports to American vessels._

May 3, 1793.

It has been stated in our treaties with the French, Dutch and Prussians,

that when it happens that either party is at war, and the other neutral,

the neutral shall give passports of a certain tenor to the _vessels

belonging to their subjects_, in order to avoid dissension; and it

has been thought that passports of such high import to the persons and

property of our citizens should have the highest sanction; that of the

signature of the President, and seal of the United States. The authority

of Congress also, in the case of sea letters to East India vessels, was

in favor of this sanction. It is now become a question whether these

passports shall be given only to ships _owned and built_ in the United

States, or may be given also to those _owned_ in the United States,

though _built_ in foreign countries.

The persons and property of our citizens are entitled to the protection

of our government in all places where they may lawfully go. No laws

forbid a merchant to buy, own, and use a _foreign-built_ vessel. She is,

then, his lawful property, and entitled to the protection of his nation

whenever he is lawfully using her.

The laws indeed, for the encouragement of ship building, have given to

home-built vessels the exclusive privilege of being registered and paying

lighter duties. To this privilege, therefore, the foreign-built vessel,

though owned at home, does not pretend. But the laws have not said that

they withdraw their protection from the foreign-built vessel. To this

protection, then, she retains her title, notwithstanding the preference

given to the home-built vessel as to duties. It would be hard indeed

because the law has given one valuable right to home-built vessels, to

infer that it had taken away all rights from those foreign-built.

In conformity with the idea that all the vessels of a State are entitled

to its protection, the treaties before mentioned have settled that

passports shall be given, not merely to the vessels _built_ in the United

States, but to the vessels belonging to them; and when one of these

nations shall take a vessel, if she has not such a passport, they are

to conclude she does not _belong_ to the United States, and is therefore

lawful prize; so that to refuse these passports to foreign-built vessels

_belonging_ to our merchants, is to give them up to capture with their

cargoes. The most important interests of the United States hang upon this

question. The produce of the earth is their principle source of wealth.

Our _home-built_ vessels would suffice for the transportation of a very

small part of this produce to market, and even a part of these vessels

will be withdrawn by high premiums to other lines of business. All the

rest of our produce, then, must remain on our hands, or have its price

reduced by a war insurance. Many descriptions of our produce will not

bear this reduction, and would, therefore, remain on hand.

We shall lose also a great proportion of the profits of navigation. The

great harvest for these is when other nations are at war, and our flag

neutral. But if we can augment our stock of shipping only by the slow

process of building, the harvest will be over while we are only preparing

instruments to reap it. The moment of breeding seamen will be lost for

want of bottoms to embark them in.

France and Holland permit our vessels to be neutralized with them; not

even to suffer theirs to be purchased here might give them just cause to

revoke the privilege of naturalization given to ours, and would inflict

on the ship-building States and artizans a severe injury.

_Objection._ To protect foreign-built vessels will lessen the demand

for ship building here.

_Answer._ Not at all; because as long as we can build cheaper than other

nations, we shall be employed in preference to others; besides, shall

we permit the greatest part of the produce of our fields to rot on our

hands, or lose half its value by subjecting it to high insurance, merely

that our ship builders may have brisker employ? Shall the whole mass of

our farmers be sacrificed to the class of ship wrights?

_Objection._ There will be collusive transfers of foreign ships to our

merchants, merely to obtain for them the cover of our passports.

_Answer._ The same objection lies to giving passports to home-built

vessels. They may be owned, and are owned by foreigners, and may be

collusively re-transferred to our merchants to obtain our passports.

To lessen the danger of collusion, however, I should be for delivering

passports in our own ports only, if they were to be sent blank to foreign

ports to be delivered there, the power of checking collusion would be

small, and they might be employed to cover purposes of no benefit to

us (which we ought not to countenance), and to throw our vessels out

of business; but if issued only to vessels in our own ports, we can

generally be certain that the vessel is our property; and always that

the _cargo_ is of our produce. State the case that it shall be found

that all our shipping, home-built and foreign-built, is inadequate to

the transportation of our produce to market; so that after all these

are loaded, there shall yet remain produce on hand. This must be put

into vessels owned by foreigners. Should these obtain collusively the

protection of our passport, it will cover their _vessel_ indeed, but

it will cover also our _cargo_. I repeat it then, that if the issuing

passports be confined to our ports, it will be our own _vessels_ for

the most part, and always our _cargoes_ which will be covered by them.

I am, therefore, of opinion, that passports ought to be issued to all

vessels _belonging_ to citizens of the United States, but only on their

clearing out from our own ports, and for that voyage only.

XXXVII.--_Opinion relative to case of a British vessel captured by a

French vessel, purchased by French citizens, and fitted out as a Privateer

in one of our ports._

May 16, 1793.

The facts suggested, or to be taken for granted, because the contrary

is not known, in the case now to be considered, are, that a vessel was

purchased at Charleston, and fitted out as a privateer by French citizens,

manned with foreigners chiefly, but partly with citizens of the United

States. The command given to a French citizen by a regular commission

from his government; that she has made prize of an English vessel in the

open sea, and sent her into Philadelphia. The British minister demands

restitution, and the question is, whether the Executive of the United

States shall undertake to make it?

This transaction may be considered, 1st, as an offence against the United

States; 2d, as an injury to Great Britain.

In the first view it is not now to be taken up. The opinion being, that it

has been an act of disrespect to the jurisdiction of the United States,

of which proper notice is to be taken at a proper time.

Under the second point of view, it appears to me wrong on the part of the

United States (where not constrained by treaties) to permit one party in

the present war to do what cannot be permitted to the other. We cannot

permit the enemies of France to fit out privateers in our ports, by the

22d article of our treaty. We ought not, therefore, to permit France

to do it; the treaty leaving us free to refuse, and the refusal being

necessary to preserve a fair neutrality. Yet considering that the present

is the first case which has arisen; that it has been in the first moment

of the war, in one of the most distant ports of the United States, and

before measures could be taken by the government to meet all the cases

which may flow from the infant state of our government, and novelty of

our position, it ought to be placed by Great Britain among the accidents

of loss to which a nation is exposed in a state of war, and by no means

as a premeditated wrong on the part of the government. In the last

light it cannot be taken, because the act from which it results placed

the United States with the offended, and not the offending party. Her

minister has seen himself that there could have been on our part neither

permission or connivance. A very moderate apology then from the United

States ought to satisfy Great Britain.

The one we have made already is ample, to wit, a pointed disapprobation

of the transaction, a promise to prosecute and punish according to law

such of our citizens as have been concerned in it, and to take effectual

measures against a repetition. To demand more would be a wrong in Great

Britain; for to demand satisfaction _beyond_ what is adequate, is wrong.

But it is proposed further to take the prize from the captors and restore

her to the English. This is a very serious proposition.

The dilemma proposed in our conferences, appears to me unanswerable.

Either the commission to the commander of the privateer was good, or not

good. If not good, then the tribunals of the country will take cognizance

of the transaction, receive the demand of the former owner, and make

restitution of the capture; and there being, on this supposition, regular

remedy at law, it would be irregular for the government to interpose. If

the commission be good, then the capture having been made on the high

seas, under a valid commission from a power at war with Great Britain,

the British owner has lost all his right, and the prize would be deemed

good, even in his own courts, were the question to be brought before his

own courts. He has now no more claim on the vessel than any stranger

would have who never owned her, his whole right being transferred by

the laws of war to the captor.

The legal right then being in the captors, on what ground can we take

it from him? Not on that of _right_, for the right has been transferred

to him. It can only be by an act of _force_, that is to say, of reprisal

for the offence committed against us in the port of Charleston. But the

making reprisal on a nation is a very serious thing. Remonstrance and

refusal of satisfaction ought to precede; and when reprisal follows, it

is considered as an act of war, and never yet failed to produce it in the

case of a nation able to make war; besides, if the case were important

enough to require reprisal, and ripe for that step, Congress must be

called on to take it; the right of reprisal being expressly lodged with

them by the Constitution, and not with the Executive.

I therefore think that the satisfaction already made to the _government_

of Great Britain is quite equal to what ought to be desired in the

present case; that the property of the British _owner_ is transferred by

the laws of war to the _captor_; that for us to take it from the captor

would be an act of force or reprisal, which the circumstances of the

case do not justify, and to which the powers of the Executive are not

competent by the Constitution.

XXXVIII.-_Opinion on the proposition of the Secretary of the Treasury

to open a new Loan._

June 5, 1793.

Instructions having been given to borrow two millions of florins in

Holland, and the Secretary of the Treasury proposing to open a further

loan of three millions of florins, which he says "a comprehensive view

of the affairs of the United States, in various relations, appears to

him to recommend," the President is pleased to ask whether I see any

objections to the proposition?

The power to borrow money is confided to the President by the two acts

of the 4th and 12th of August, 1790, and the monies, when borrowed, are

appropriated to two purposes only: to wit, the twelve millions to be

borrowed under the former, are appropriated to discharge the arrears

of interest and instalments of the foreign debt; and the two millions,

under the latter, to the purchase of the public debt, under direction

of the trustees of the sinking fund.

These appropriations render very simple the duties of the President in

the discharge of this trust. He has only to look to the _payment_ of the

foreign debt, and the purchase of the general one. And in order to judge

for himself of the necessity of the loan proposed for effecting these

two purposes, he will need from the treasury the following statements:--

A. A statement of the nett amount of the loans already made under these

acts, adding to that the two millions of florins now in course of being

borrowed. This will form the _debit_ of the trust.

The _credit_ side of the account will consist of the following statements,

to wit:--

B. Amount of the principal and interest of foreign debt, paid and payable,

to the close of 1792.

C. Ditto, payable to the close of 1793.

D. Ditto, payable to the close of 1794 (for I think our preparations

should be a year beforehand).

E. Amount of monies necessary for the sinking fund to the end of 1794.

If the amount of the four last articles exceeds the first, it will prove

a further loan necessary, and to what extent.

The treasury alone can furnish these statements with perfect accuracy.

But to show that there is probable cause to go into the examination, I

will hazard a statement from materials which, though perhaps not perfectly

exact, are not much otherwise.

_Report of January 3, 1793. New Edition._

Dr.

The trust for loans.

A. To nett amount of loans to June 1, 1792, as stated

in the treasury report, to wit, 18,678,000 florins,

at 99 florins to $40, the treasury exchange $7,545,912

To loan now going on for 2,000,000 florins 808,080

----------

$8,353,992

Cr.

Florins.

B. By charges on remittances to France 10,073 1

By reimbursement to Spain 680,000

By interest paid to foreign officers 105,000

----------

795,093 1 = $321,239 46

By principal paid to foreign officers 191,316 90

By amount of French debt, principal and Livres.

interest, payable to end of 1791 26,000,000

By ditto, for 1792 3,450,000

----------

29,450,000 = 5,345,171

C. By ditto, for 1793 3,410,000 = 618,915

D. By ditto, for 1794 3,250,000 = 569,876

E. By necessary for sinking fund at $50,000 a

month, from July 1, 1793, to Dec. 31, 1794 900,000

Balance which will remain in hands of the

trust, at end of 1794 387,474 64

-------------

$8,353,992 60

So that instead of an additional loan being necessary, the monies

already borrowed will suffice for all the purposes to which they can be

legally applied to the end of 1794, and leave a surplus of $387 474 64

to cover charges and errors. And as, on account of the unsettled state

of the French government, it is not proposed to pay in advance, or but

little so, any further sum would be lying at a dead interest and risk.

Perhaps it might be said that new monies must be borrowed for the current

domestic service of the year. To this I should answer, that no law has

authorized the opening of a loan for this purpose.

If it should be said that the monies heretofore borrowed are so far put

out of our power that we cannot command them before an instalment will

be due, I should answer, that certainly I would rather borrow than fail

in a payment; but if borrowing will secure a payment in time, the two

millions of florins now borrowing are sufficient to secure it. If we

cannot get this sum in time, then we cannot get an additional sum in time.

The above account might be stated in another way, which might, perhaps,

be more satisfactory, to wit:

Dr.

The trust for loans.

To nett amount of loans to June 1, 1792. 18,678,000 florins,

at 99 florins to $40 $7,545,912

Cr.

Florins

By charges on remittances to France 10,073 1

By reimbursement to Spain 680,000

By interest paid to foreign officers 105,000

---------

795,073 1 = $321,239 46

By principal paid to foreign officers 191,316 90

By payments to France 10,073,043 8 = 4,069,918 54

Livres.

By ditto to St. Domingo 4,000,000 = 726,000

By ditto to do. 3,000,000 = 544,500

By do. to Mr. Ternant [I state this by

memory] 24,000 = 4,356

Balance in hand to be carried to new debit 1,688,581 10

-------------

$7,545,912 00

Dr.

The trust for loans.

To balance as per contra $1,688,581 10

To two millions of florins, new loan, when effected 808,080

-------------

$2,496,661 10

Cr.

By the following payments when made, to wit:

Balance due to France, to close of year 1792

Livres.

($5,345,171-$5,344,774 54) $396 46

Instalments and interest to close of year

1793 3,410,000 == 618,915

do. do

1794 3,250,000 == 589,875

Necessary for sinking fund from July 1, 1793,

to December 31, 1794 900,000

Balance will then be in hand to be carried to

new debit 387,474 64

-------------

$2,496,661 10

By this statement, it would seem as if all the payments to France,

hitherto made and ordered, would not acquit the year 1792. So that we

have never yet been clear of arrears to her.

The amount of the French debt is stated according to the convention, and

the interest is calculated accordingly. Interest on the ten million loan

is known to have been paid for the years 1784, 1785, and is therefore

deducted. It is not known whether it was paid on the same loan for the

years 1786-7-8-9, previous to the payment of December 3, 1790, or whether

it was included in that payment; therefore this is not deducted. But

if, in fact, it was paid before that day, it will then have lessened

the debt so much, to wit, 400,000 livres a year, for four years, making

1,600,000 florins, equal to $290,400, which sum would put us in advance

near half of the instalments of 1793. Note,--livres are estimated at

18/100 cents, proposed by the Secretary of the Treasury to the French

ministry as the par of the metals, to be the rate of conversion.

This uncertainty with respect to the true state of our account with

France, and the difference of the result from what has been understood,

shows that the gentlemen who are to give opinions on this subject, must

do it in the dark, and suggests to the President the propriety of having

an exact statement of the account with France communicated to them,

as the ground on which they are to give opinions. It will probably be

material in that about to be given on the late application of Mr. Genet,

on which the Secretary of the Treasury is preparing a report.

XXXIX.--_Opinion relative to the policy of a new loan._

June 17, 1793

I cannot see my way clear in the case which the President has been

pleased to ask my opinion, but by recurring to these leading questions:

Of the $7,898,999 88 borrowed, or rather of the $7,545,912, nett proceeds

thereof, how much has been applied to the _payment_ of the _foreign_,

and _purchase_ of the _general_ debt?

To the balance thereof, which should be on hand, and the two millions

of florins now borrowing, is any and what addition necessary, _for the

same objects_, for the years 1793, 1794?

The statement furnished by the Secretary of the Treasury does not answer

these questions. It only shows what has been done with somewhat less

than three millions out of near eight millions of dollars which have been

borrowed, and in so doing it takes credit for two sums which are not to

come out of this sum, and therefore not to be left in the account. They

are the following:

1. A sum of $284,901 89 expended in purchases of the public debt. In the

general report of the trustees of the sinking fund, made to Congress

the 23d of February last, and printed, it appears, page 29, that the

whole amount of monies laid out by them was $1,302,407 64, from which

were to be deducted, as is mentioned in the note there subjoined, the

purchases made out of the interest fund (then about $50,000 as well as I

recollect). Call the sum paid then $1,252,407 64. By the Treasury report,

p. 38, (new edition,) it appears that the surplus of domestic revenue to

the end of 1790, appropriated to this object, was $1,374,656 40, and p.

34, that the monies drawn from Europe on account of the foreign loans,

were not the instrument of these purchases; and in some part, to which

I am not able just now to turn, I recollect pretty certainly that it is

said these purchases were actually carried to account, as was proper,

against the domestic surplus, consequently they are not to be allowed

in the foreign account also. Or if allowed in this, the sum will then be

due from the surplus account, and so must lessen the sum to be borrowed

for the sinking fund, which amounts to the same.

2. The 1st instalment due to the bank $200,000. Though the first payment

of the subscription of the United States to the bank might have been made,

in the first instant, out of the foreign monies to be immediately repaid

to them by the money borrowed of the bank, yet this useless formality

was avoided, and it was a mere operation of the pen on paper, without

the displacement of a single dollar. See reports p. 12. And, in any

event, the final reimbursement was never to be made out of the foreign

fund, which was appropriated solely to the _payment_ of the _foreign_,

and _purchase_ of the _general_ debt.

These two sums, therefore, of $284,901 89 and $200,000 are to be added

to the balance of $575,484 28 subject to future disposition, and will

make $1,050,386 17 actually here, and still to be applied to the proper

appropriation.

However, this account, as before observed, being only of a part of the

monies borrowed, no judgment can be formed from it of the expediency of

borrowing more; nor should I have stopped to make a criticism on it, but

to show why no such sums as the two above mentioned, were inserted in

the general account sketched for the President, June 5. I must add that

the miscellaneous sum of $49,400 in this account, is probably covered

by some other articles of that as far as it is chargeable on this fund;

because that account, under one form or another, takes up all the articles

chargeable on this fund which had appeared in the printed reports.

I must, therefore, proceed to renew my statement of June 5, inserting

therein the 1st instalment of the Dutch loan of $404,040 40 payable this

month, which not having been mentioned in any of the reports heretofore

published, was not inserted in my statement. I will add a like sum for

the year 1794, because I think we should now prepare for the whole of

that year.

As the Secretary of the Treasury does not seem to contemplate the

furnishing any fixed sum for the sinking fund, I shall leave that article

out of the account. The President can easily add to its result any sum

he may decide to have furnished to that fund. The account, so corrected,

will stand thus:

Dr.

The trust for loans.

To nett amount of loans to June 1, 1792 $7,545,912

To loan now going on for 2,000,000 florins 808,080

----------

$8,353,992

Cr.

Florins.

By charges on remittances to France 10,073 1

By reimbursement to Spain 680,000

By interest paid to foreign officers 105,000

-------

795,073 1==$321,239 46

By principal paid to foreign officers 191,316 90

By amount of French debt, principal and interest Livres.

payable to end of 1791 26,000,000

By ditto for 1792 3,450,000

----------

29,450,000 ==5,345,171

By ditto for 1793 3,410,000 == 618,915

By 1st instalment of Dutch debt due June 1793 404,040 40

By instalments and interest to France for

1794 3,250,000 == 569,875

By instalment to Holland for 1794 404,040 40

Balance will then remain in hands of the trust, 499,393 84

------------

$8,353,992 00

So that it appears there would be a balance in the hands of this trust,

at the close of 1794, of $499,393 84, were no monies to be furnished in

the meantime to the sinking fund; but should the President determine to

furnish that with the $900,000 proposed in my statement of June 5, then

a loan would be necessary for about $400,000, say in near round numbers,

1,000,000 of guilders, in addition to the 2,000,000 now borrowing. I am,

_individually_, of opinion that that sum ought to be furnished to the

sinking fund, and consequently that an additional loan, to this extent,

should be made, considering the subject in a _legal point of view_ only.

The reasons in favor of the extension are,

The apprehension of the extension of our war to other Indian nations,

and perhaps to Europe itself.

The disability this might produce to borrow at all, [this is, in my

judgment, a weighty consideration.]

The possibility that the government of France may become so settled

as that we may hazard the anticipation of payment, and so avoid dead

interest.

The reasons against it are,

The possibility that France may continue, for some time yet, so unsettled

as to render an anticipation of payments hazardous.

The risk of losing the capital borrowed by a successful invasion of the

country of deposit, if it be left in Europe; or by an extension of the

bankruptcies now shaking the most solid houses; and when and where they

will end we know not.

The loss of interest on the dead sum, if the sum itself be safe.

The execution of a power for one object, which was given to be executed

but for a very different one.

The commitment of the President, on this account, to events, or to the

criticisms of those who, though the measures should be perfectly wise,

may misjudge it through error or passion.

The apprehension that the head of the department means to provide idle

money to be lodged in the banks ready for the corruption of the next

legislature, as it is believed the late ones were corrupted, by gratifying

particular members with vast discounts for objects of speculation.

I confess that the last reasons have most weight with me.

XL.--_Report on the privileges and restrictions on the commerce of the

United States in foreign countries._

December 16, 1793.

SIR,--According to the pleasure of the House of Representatives, expressed

in their resolution of February 23, 1791, I now lay before them a report

on the privileges and restrictions on the commerce of the United States

in foreign countries. In order to keep the subject within those bounds

which I supposed to be under the contemplation of the House, I have

restrained my statements to those countries only with which we carry on

a commerce of some importance, and to those articles also of our produce

which are of sensible weight in the scale of our exports; and even these

articles are sometimes grouped together, according to the degree of

favor or restriction with which they are received in each country, and

that degree expressed in general terms without detailing the exact duty

levied on each article. To have gone fully into these minutiæ, would have

been to copy the tariffs and books of rates of the different countries,

and to have hidden, under a mass of details, those general and important

truths, the extraction of which, in a simple form, I conceived would best

answer the inquiries of the House, by condensing material information

within those limits of time and attention, which this portion of their

duties may justly claim. The plan, indeed, of minute details which have

been impracticable with some countries, for want of information.

Since preparing this report, which was put into its present form in

time to have been given in to the last session of Congress, alterations

of the conditions of our commerce with some foreign nations have taken

place--some of them independent of war; some arising out of it.

France has proposed to enter into a new treaty of commerce with us,

on liberal principles; and has, in the meantime, relaxed some of the

restraints mentioned in the report. Spain has, by an ordinance of June

last, established New Orleans, Pensacola, and St. Augustine into free

ports, for the vessels of friendly nations _having treaties of commerce_

with her, provided they touch for a permit at Corcubion in Gallicia,

or at Alicant; and our rice is, by the same ordinance, excluded from

that country. The circumstances of war have necessarily given us freer

access to the West Indian islands, whilst they have also drawn on our

navigation vexations and depredations of the most serious nature.

To have endeavored to describe all these, would have been as impracticable

as useless, since the scenes would have been shifting while under

description. I therefore think it best to leave the report as it was

formed, being adapted to a particular point of time, when things were

in their settled order, that is to say, to the summer of 1792. I have

the honor to be, &c.

_To the Speaker of the House of Representatives of the United States of

America._

The Secretary of State, to whom was referred, by the House of

Representatives, the report of a committee on the written message of

the President of the United States, of the 14th of February, 1791, with

instruction to report to Congress the nature and extent of the privileges

and restrictions of the commercial intercourse of the United States with

foreign nations, and the measures which he should think proper to be

adopted for the improvement of the commerce and navigation of the same,

has had the same under consideration, and thereupon makes the following

Report:

The countries with which the United States have their chief commercial

intercourse are Spain, Portugal, France, Great Britain, the United

Netherlands, Denmark, and Sweden, and their American possessions; and

the articles of export, which constitute the basis of that commerce,

with their respective amounts, are,

Bread-stuff, that is to say, bread grains, meals,

and bread, to the annual amount of $7,649,887

Tobacco 4,349,567

Rice 1,753,796

Wood 1,263,534

Salted fish 941,696

Pot and pearl ash 839,093

Salted meats 599,130

Indigo 537,379

Horses and mules 339,753

Whale oil 252,591

Flax seed 236,072

Tar, pitch and turpentine 217,177

Live provisions 137,743

Ships

Foreign goods 620,274

To descend to articles of smaller value than these, would lead into a

minuteness of detail neither necessary nor useful to the present object.

The proportions of our exports, which go to the nations before mentioned,

and to their dominions, respectively, are as follows:

To Spain and its dominions $2,005,907

Portugal and its dominions 1,283,462

France and its dominions 4,698,735

Great Britain and its dominions 9,363,416

The United Netherlands and their dominions 1,963,880

Denmark and its dominions 224,415

Sweden and its dominions 47,240

Our imports from the same countries, are,

Spain and its dominions 335,110

Portugal and its dominions 595,763

France and its dominions 2,068,348

Great Britain and its dominions 15,285,428

United Netherlands and their dominions 1,172,692

Denmark and its dominions 351,364

Sweden and its dominions 14,325

These imports consist mostly of articles on which industry has been

exhausted.

Our _navigation_, depending on the same commerce, will appear by the

following statement of the tonnage of our own vessels, entering in our

ports, from those several nations and their possessions, in one year;

that is to say; from October, 1789, to September, 1790, inclusive, as

follows:

Tons.

Spain 19,695

Portugal 23,576

France 116,410

Great Britain 43,580

United Netherlands 58,858

Denmark 14,655

Sweden 750

Of our commercial objects, Spain receives favorably our bread-stuff,

salted fish, wood, ships, tar, pitch, and turpentine. On our meals,

however, as well as on those of other foreign countries, when re-exported

to their colonies, they have lately imposed duties of from half-a-dollar

to two dollars the barrel, the duties being so proportioned to the

current price of their own flour, as that both together are to make the

constant sum of nine dollars per barrel.

They do not discourage our rice, pot and pearl ash, salted provisions, or

whale oil; but these articles, being in small demand at their markets, are

carried thither but in a small degree. Their demand for rice, however, is

increasing. Neither tobacco nor indigo are received there. Our commerce

is permitted with their Canary islands under the same conditions.

Themselves, and their colonies, are the actual consumers of what they

receive from us.

Our navigation is free with the kingdom of Spain; foreign goods being

received there in our ships on the same conditions as if carried in

their own, or in the vessels of the country of which such goods are the

manufacture or produce.

_Portugal_ receives favorably our grain and bread, salted fish, and

other salted provisions, wood, tar, pitch, and turpentine.

For flax-seed, pot and pearl ash, though not discouraged, there is little

demand.

Our ships pay 20 per cent. on being sold to their subjects, and are then

free-bottoms.

Foreign goods (except those of the East Indies) are received on the

same footing in our vessels as in their own, or any others; that is to

say, on general duties of from 20 to 28 per cent., and, consequently,

our navigation is unobstructed by them. Tobacco, rice, and meals, are

prohibited.

Themselves and their colonies consume what they receive from us.

These regulations extend to the Azores, Madeira, and the Cape de Verd

islands, except that in these, meals and rice are received freely.

_France_ receives favorably our bread-stuffs, rice, wood, pot and pearl

ashes.

A duty of 5 sous the quintal, or nearly 4½ cents, is paid on our tar,

pitch, and turpentine. Our whale oils pay 6 livres the quintal, and

are the only foreign whale oils admitted. Our indigo pays 5 livres the

quintal, their own 2½; but a difference of quality, still more than a

difference of duty, prevents its seeking that market.

Salted beef is received freely for re-exportation; but if for home

consumption, it pays five livres the quintal. Other salted provisions

pay that duty in all cases, and salted fish is made lately to pay the

prohibitory one of twenty livres the quintal.

Our ships are free to carry thither all foreign goods which may be

carried in their own or any other vessels, except tobaccoes not of our

own growth; and they participate with theirs, the exclusive carriage of

our whale oils and tobaccoes.

During their former government, our tobacco was under a monopoly, but paid

no duties; and our ships were freely sold in their ports, and converted

into national bottoms. The first national assembly took from our ships

this privilege. They emancipated tobacco from its monopoly, but subjected

it to duties of eighteen livres, fifteen sous the quintal, carried in

their own vessels, and five livres carried in ours--a difference more

than equal to the freight of the article.

They and their colonies consume what they receive from us.

_Great Britain_ receives our pot and pearl ashes free, whilst those of

other nations pay a duty of two shillings and three pence the quintal.

There is an equal distinction in favor of our bar iron; of which article,

however, we do not produce enough for our own use. Woods are free from

us, whilst they pay some small duty from other countries. Indigo and flax

seed are free from all countries. Our tar and pitch pay eleven pence,

sterling, the barrel. From other alien countries they pay about a penny

and a third more.

Our tobacco, for their own consumption, pays one shilling and three

pence, sterling, the pound, custom and excise, besides heavy expenses

of collection; and rice, in the same case, pays seven shillings and

fourpence, sterling, the hundred weight; which, rendering it too dear, as

an article of common food, it is consequently used in very small quantity.

Our salted fish and other salted provisions, except bacon, are prohibited.

Bacon and whale oils are under prohibitory duties; so are our grains,

meals, and bread, as to internal consumption, unless in times of such

scarcity as may raise the price of wheat to fifty shillings, sterling,

the quarter, and other grains and meals in proportion.

Our ships, though purchased and navigated by their own subjects, are

not permitted to be used, even in their trade with us.

While the vessels of other nations are secured by standing laws, which

cannot be altered but by the concurrent will of the three branches of

the British legislature, in carrying thither any produce or manufacture

of the country to which they belong, which may be lawfully carried

in any vessels, ours, with the same prohibition of what is foreign,

are further prohibited by a standing law, (12 Car. 2, 18, sect. 3,)

from carrying thither all and any of our own domestic productions and

manufactures. A subsequent act, indeed, has authorized their executive

to permit the carriage of our own productions in our own bottoms, at

its sole discretion; and the permission has been given from year to

year by proclamation, but subject every moment to be withdrawn on that

single will; in which event, our vessels having anything on board, stand

interdicted from the entry of all British ports. The disadvantage of a

tenure which may be so suddenly discontinued, was experienced by our

merchants on a late occasion,[33] when an official notification that

this law would be strictly enforced, gave them just apprehensions for

the fate of their vessels and cargoes despatched or destined for the

ports of Great Britain. The minister of that court, indeed, frankly

expressed his personal conviction, that the words of the order went

farther than was intended, and so he afterwards officially informed

us; but the embarrassments of the moment were real and great, and the

possibility of their renewal lays our commerce to that country under

the same species of discouragement as to other countries, where it is

regulated by a single legislator; and the distinction is too remarkable

not to be noticed, that our navigation is excluded from the security of

fixed laws, while that security is given to the navigation of others.

Our vessels pay in their ports one shilling and nine pence, sterling,

per ton, light and trinity dues, more than is paid by British ships,

except in the port of London, where they pay the same as British.

The greater part of what they receive from us, is re-exported to other

countries, under the useless charges of an intermediate deposit, and

double voyage. From tables published in England, and composed, as is

said, from the books of their customhouses, it appears, that of the indigo

imported there in the years 1773, '4, '5, one-third was re-exported; and

from a document of authority, we learn, that of the rice and tobacco

imported there before the war, four-fifths were re-exported. We are

assured, indeed, that the quantities sent thither for re-exportation

since the war, are considerably diminished, yet less so than reason and

national interest would dictate. The whole of our grain is re-exported

when wheat is below fifty shillings the quarter, and other grains in

proportion.

The _United Netherlands_ prohibit our pickled beef and pork, meals and

bread of all sorts, and lay a prohibitory duty on spirits distilled from

grain.

All other of our productions are received on varied duties, which may

be reckoned, on a medium, at about three per cent.

They consume but a small proportion of what they receive. The residue

is partly forwarded for consumption in the inland parts of Europe, and

partly re-shipped to other maritime countries. On the latter portion

they intercept between us and the consumer, so much of the value as is

absorbed in the charges attending an intermediate deposit.

Foreign goods, except some East India articles, are received in vessels

of any nation.

Our ships may be sold and neutralized there, with exceptions of one or

two privileges, which somewhat lessen their value.

_Denmark_ lays considerable duties on our tobacco and rice, carried in

their own vessels, and half as much more, if carried in ours; but the

exact amount of these duties is not perfectly known here. They lay such

as amount to prohibitions on our indigo and corn.

_Sweden_ receives favorably our grains and meals, salted provisions,

indigo, and whale oil.

They subject our rice to duties of sixteen mills the pound weight, carried

in their own vessels, and of forty per cent. additional on that, or

twenty-two and four-tenths mills, carried in ours or any others. Being

thus rendered too dear as an article of common food, little of it is

consumed with them. They consume some of our tobaccoes, which they take

circuitously through Great Britain, levying heavy duties on them also;

their duties of entry, town duties, and excise, being 4.34 dollars the

hundred weight, if carried in their own vessels, and of forty per cent.

on that additional, if carried in our own or any other vessels.

They prohibit altogether our bread, fish, pot and pearl ashes, flax-seed,

tar, pitch, and turpentine, wood, (except oak timber and masts,) and

all foreign manufactures.

Under so many restrictions and prohibitions, our navigation with them

is reduced to almost nothing.

With our neighbors, an order of things much harder presents itself.

_Spain_ and _Portugal_ refuse, to all those parts of America which

they govern, all direct intercourse with any people but themselves. The

commodities in mutual demand between them and their neighbors, must be

carried to be exchanged in some port of the dominant country, and the

transportation between that and the subject state, must be in a domestic

bottom.

_France_, by a standing law, permits her West India possessions to

receive directly our vegetables, live provisions, horses, wood, tar,

pitch, turpentine, rice, and maize, and prohibits our other bread

stuff; but a suspension of this prohibition having been left to the

colonial legislatures, in times of scarcity, it was formerly suspended

occasionally, but latterly without interruption.

Our fish and salted provisions (except pork) are received in their islands

under a duty of three colonial livres the quintal, and our vessels are

as free as their own to carry our commodities thither, and to bring away

rum and molasses.

_Great Britain_ admits in her islands our vegetables, live provisions,

horses, wood, tar, pitch, and turpentine, rice and bread stuff, by a

proclamation of her executive, limited always to the term of a year, but

hitherto renewed from year to year. She prohibits our salted fish and

other salted provisions. She does not permit our vessels to carry thither

our own produce. Her vessels alone may take it from us, and bring in

exchange rum, molasses, sugar, coffee, cocoa-nuts, ginger, and pimento.

There are, indeed, some freedoms in the island of Dominica, but, under

such circumstances, as to be little used by us. In the British continental

colonies, and in Newfoundland, all our productions are prohibited, and

our vessels forbidden to enter their ports. Their governors, however,

in times of distress, have power to permit a temporary importation of

certain articles in their own bottoms, but not in ours.

Our citizens cannot reside as merchants or factors within any of the

British plantations, this being expressly prohibited by the same statute

of 12 Car. 2, c. 18, commonly called the navigation act.

In the _Danish American_ possessions a duty of 5 per cent. is levied on

our corn, corn meal, rice, tobacco, wood, salted fish, indigo, horses,

mules and live stock, and of 10 per cent. on our flour, salted pork and

beef, tar, pitch and turpentine.

In the American islands of the _United Netherlands_ and Sweden, our

vessels and produce are received, subject to duties, not so heavy as to

have been complained of; but they are heavier in the Dutch possessions

on the continent.

To sum up these restrictions, so far as they are important:

FIRST. In Europe--

Our bread stuff is at most times under prohibitory duties in England,

and considerably dutied on re-exportation from Spain to her colonies.

Our tobaccoes are heavily dutied in England, Sweden and France, and

prohibited in Spain and Portugal.

Our rice is heavily dutied in England and Sweden, and prohibited in

Portugal.

Our fish and salted provisions are prohibited in England, and under

prohibitory duties in France.

Our whale oils are prohibited in England and Portugal.

And our vessels are denied naturalization in England, and of late in

France.

SECOND. In the West Indies--

All intercourse is prohibited with the possessions of Spain and Portugal.

Our salted provisions and fish are prohibited by England.

Our salted pork and bread stuff (except maize) are received under

temporary laws only, in the dominions of France, and our salted fish

pays there a weighty duty.

THIRD. In the article of navigation--

Our own carriage of our own tobacco is heavily dutied in Sweden, and

lately in France.

We can carry no article, not of our own production, to the British ports

in Europe. Nor even our own produce to her American possessions.

Such being the restrictions on the commerce and navigation of the United

States; the question is, in what way they may best be removed, modified

or counteracted?

As to commerce, two methods occur. 1. By friendly arrangements with

the several nations with whom these restrictions exist: Or, 2. By the

separate act of our own legislatures for countervailing their effects.

There can be no doubt but that of these two, friendly arrangement is

the most eligible. Instead of embarrassing commerce under piles of

regulating laws, duties and prohibitions, could it be relieved from all

its shackles in all parts of the world, could every country be employed

in producing that which nature has best fitted it to produce, and each

be free to exchange with others mutual surplusses for mutual wants, the

greatest mass possible would then be produced of those things which

contribute to human life and human happiness; the numbers of mankind

would be increased, and their condition bettered.

Would even a single nation begin with the United States this system

of free commerce, it would be advisable to begin it with that nation;

since it is one by one only that it can be extended to all. Where the

circumstances of either party render it expedient to levy a revenue,

by way of impost, on commerce, its freedom might be modified, in that

particular, by mutual and equivalent measures, preserving it entire in

all others.

Some nations, not yet ripe for free commerce in all its extent, might

still be willing to mollify its restrictions and regulations for us, in

proportion to the advantages which an intercourse with us might offer.

Particularly they may concur with us in reciprocating the duties to be

levied on each side, or in compensating any excess of duty by equivalent

advantages of another nature. Our commerce is certainly of a character

to entitle it to favor in most countries. The commodities we offer are

either necessaries of life, or materials for manufacture, or convenient

subjects of revenue; and we take in exchange, either manufactures, when

they have received the last finish of art and industry, or mere luxuries.

Such customers may reasonably expect welcome and friendly treatment

at every market. Customers, too, whose demands, increasing with their

wealth and population, must very shortly give full employment to the

whole industry of any nation whatever, in any line of supply they may

get into the habit of calling for from it.

But should any nation, contrary to our wishes, suppose it may better

find its advantage by continuing its system of prohibitions, duties and

regulations, it behooves us to protect our citizens, their commerce and

navigation, by counter prohibitions, duties and regulations, also. Free

commerce and navigation are not to be given in exchange for restrictions

and vexations; nor are they likely to produce a relaxation of them.

Our navigation involves still higher considerations. As a branch of

industry, it is valuable, but as a resource of defence, essential.

Its value, as a branch of industry, is enhanced by the dependence of

so many other branches on it. In times of general peace it multiplies

competitors for employment in transportation, and so keeps that at its

proper level; and in times of war, that is to say, when those nations

who may be our principal carriers, shall be at war with each other, if

we have not within ourselves the means of transportation, our produce

must be exported in belligerent vessels, at the increased expense of

war-freight and insurance, and the articles which will not bear that,

must perish on our hands.

But it is as a resource of defence that our navigation will admit neither

neglect nor forbearance. The position and circumstances of the United

States leave them nothing to fear on their land-board, and nothing to

desire beyond their present rights. But on their seaboard, they are open

to injury, and they have there, too, a commerce which must be protected.

This can only be done by possessing a respectable body of citizen-seamen,

and of artists and establishments in readiness for ship-building.

Were the ocean, which is the common property of all, open to the industry

of all, so that every person and vessel should be free to take employment

wherever it could be found, the United States would certainly not set

the example of appropriating to themselves, exclusively, any portion of

the common stock of occupation. They would rely on the enterprise and

activity of their citizens for a due participation of the benefits of

the seafaring business, and for keeping the marine class of citizens

equal to their object. But if particular nations grasp at undue shares,

and, more especially, if they seize on the means of the United States,

to convert them into aliment for their own strength, and withdraw them

entirely from the support of those to whom they belong, defensive and

protecting measures become necessary on the part of the nation whose

marine resources are thus invaded; or it will be disarmed of its defence;

its productions will lie at the mercy of the nation which has possessed

itself exclusively of the means of carrying them, and its politics may

be influenced by those who command its commerce. The carriage of our own

commodities, if once established in another channel, cannot be resumed in

the moment we may desire. If we lose the seamen and artists whom it now

occupies, we lose the present means of marine defence, and time will be

requisite to raise up others, when disgrace or losses shall bring home

to our feelings the error of having abandoned them. The materials for

maintaining our due share of navigation, are ours in abundance. And, as

to the mode of using them, we have only to adopt the principles of those

who put us on the defensive, or others equivalent and better fitted to

our circumstances.

The following principles, being founded in reciprocity, appear perfectly

just, and to offer no cause of complaint to any nation:

1. Where a nation imposes high duties on our productions, or prohibits

them altogether, it may be proper for us to do the same by theirs;

first burdening or excluding those productions which they bring here,

in competition with our own of the same kind; selecting next, such

manufactures as we take from them in greatest quantity, and which, at

the same time, we could the soonest furnish to ourselves, or obtain from

other countries; imposing on them duties lighter at first, but heavier

and heavier afterwards, as other channels of supply open. Such duties

having the effect of indirect encouragement to domestic manufactures of

the same kind, may induce the manufacturer to come himself into these

States, where cheaper subsistence, equal laws, and a vent of his wares,

free of duty, may ensure him the highest profits from his skill and

industry. And here, it would be in the power of the State governments

to co-operate essentially, by opening the resources of encouragement

which are under their control, extending them liberally to artists in

those particular branches of manufacture for which their soil, climate,

population and other circumstances have matured them, and fostering

the precious efforts and progress of _household_ manufacture, by some

patronage suited to the nature of its objects, guided by the local

informations they possess, and guarded against abuse by their presence

and attentions. The oppressions on our agriculture, in foreign ports,

would thus be made the occasion of relieving it from a dependence on the

councils and conduct of others, and of promoting arts, manufactures and

population at home.

2. Where a nation refuses permission to our merchants and factors to

reside within certain parts of their dominions, we may, if it should be

thought expedient, refuse residence to theirs in any and every part of

ours, or modify their transactions.

3. Where a nation refuses to receive in our vessels any productions

but our own, we may refuse to receive, in theirs, any but their own

productions. The first and second clauses of the bill reported by the

committee, are well formed to effect this object.

4. Where a nation refuses to consider any vessel as ours which has

not been built within our territories, we should refuse to consider as

theirs, any vessel not built within their territories.

5. Where a nation refuses to our vessels the carriage even of our own

productions, to certain countries under their domination, we might refuse

to theirs of every description, the carriage of the same productions to

the same countries. But as justice and good neighborhood would dictate

that those who have no part in imposing the restriction on us, should

not be the victims of measures adopted to defeat its effect, it may be

proper to confine the restriction to vessels owned or navigated by any

subjects of the same dominant power, other than the inhabitants of the

country to which the said productions are to be carried. And to prevent

all inconvenience to the said inhabitants, and to our own, by too sudden

a check on the means of transportation, we may continue to admit the

vessels marked for future exclusion, on an advanced tonnage, and for

such length of time only, as may be supposed necessary to provide against

that inconvenience.

The establishment of some of these principles by Great Britain, alone, has

already lost us in our commerce with that country and its possessions,

between eight and nine hundred vessels of near 40,000 tons burden,

according to statements from official materials, in which they have

confidence. This involves a proportional loss of seamen, shipwrights,

and ship-building, and is too serious a loss to admit forbearance of

some effectual remedy.

It is true we must expect some inconvenience in practice from the

establishment of discriminating duties. But in this, as in so many other

cases, we are left to choose between two evils. These inconveniences are

nothing when weighed against the loss of wealth and loss of force, which

will follow our perseverance in the plan of indiscrimination. When once

it shall be perceived that we are either in the system or in the habit

of giving equal advantages to those who extinguish our commerce and

navigation by duties and prohibitions, as to those who treat both with

liberality and justice, liberality and justice will be converted by all

into duties and prohibitions. It is not to the moderation and justice

of others we are to trust for fair and equal access to market with our

productions, or for our due share in the transportation of them; but

to our own means of independence, and the firm will to use them. Nor do

the inconveniences of discrimination merit consideration. Not one of the

nations before mentioned, perhaps not a commercial nation on earth, is

without them. In our case one distinction alone will suffice: that is

to say, between nations who favor our productions and navigation, and

those who do not favor them. One set of moderate duties, say the present

duties, for the first, and a fixed advance on these as to some articles,

and prohibitions as to others, for the last.

Still, it must be repeated that friendly arrangements are preferable

with all who will come into them; and that we should carry into such

arrangements all the liberality and spirit of accommodation which the

nature of the case will admit.

France has, of her own accord, proposed negotiations for improving, by

a new treaty on fair and equal principles, the commercial relations of

the two countries. But her internal disturbances have hitherto prevented

the prosecution of them to effect, though we have had repeated assurances

of a continuance of the disposition.

Proposals of friendly arrangement have been made on our part, by the

present government, to that of Great Britain, as the message states;

but, being already on as good a footing in law, and a better in fact,

than the most favored nation, they have not, as yet, discovered any

disposition to have it meddled with.

We have no reason to conclude that friendly arrangements would be declined

by the other nations, with whom we have such commercial intercourse

as may render them important. In the meanwhile, it would rest with the

wisdom of Congress to determine whether, as to those nations, they will

not surcease _ex parte_ regulations, on the reasonable presumption that

they will concur in doing whatever justice and moderation dictate should

be done.

FOOTNOTE:

[33] April 12, 1792.

XLI.--_Report on the Mint. Communicated to the Senate, December 31, 1793._

PHILADELPHIA, December 30, 1793.

SIR,--I am informed, by the Director of the Mint, that an impediment

has arisen to the coinage of the precious metals, which it is my duty

to lay before you.

It will be recollected, that, in pursuance of the authority vested in the

President, by Congress, to procure artists from abroad, if necessary, Mr.

Drost, at Paris, so well known by the superior style of his coinage, was

engaged for our mint; but that, after occasioning to us a considerable

delay, he declined coming. That thereupon, our minister at London,

according to the instructions he had received, endeavored to procure,

there, a chief coiner and assayer; that, as to the latter, he succeeded

in sending over a Mr. Albion Coxe, for that office, but that he could

procure no person there more qualified to discharge the duties of chief

coiner, than might be had here; and, therefore, did not engage one. The

duties of this last office have consequently been, hitherto, performed,

and well performed, by Henry Voight, an artist of the United States,

but the law requiring these officers to give a security, in the sum

of ten thousand dollars each, neither is able to do it. The coinage of

the precious metals has, therefore, been prevented for some time past,

though, in order that the mint might not be entirely idle, the coinage

of copper has been going on; the trust in that, at any one point of

time, being of but small amount.

It now remains to determine how this difficulty is to be got over. If by

discharging these officers, and seeking others, it may well be doubted

if any can be found in the United States, equally capable of fulfilling

their duties; and to seek them from abroad, would still add to the

delay; and if found either at home or abroad, they must still be of the

description of artists whose circumstances and connections rarely enable

them to give security in so large a sum. The other alternative would

be to lessen the securityship in money, and to confide that it will be

supplied by the vigilance of the director, who, leaving as small masses

of metal in the hands of the officers, at any one time, as the course

of their process will admit, may reduce the risk to what would not be

considerable.

To give an idea of the extent of the trust to the several officers, both

as to sum and time, it may be proper to state the course of the business,

according to what the director is of opinion it should be. The treasurer,

he observes, should receive the bullion; the assayer, by an operation on

a few grains of it, is to ascertain its fineness. The treasurer is then

to deliver it to the refiner, to be melted and mixed to the standard

fineness; the assayer here, again, examining a few grains of the melted

mass, and certifying when it is of due fineness; the refiner then delivers

it to the chief coiner, to be rolled and coined, and returns it, when

coined, to the treasurer. By this it appears, that a few grains only,

at a time, are in the hands of the assayer, the mass being confided,

for operation, to the refiner and chief coiner. It is to be observed

that the law has not taken notice of the office of refiner, though so

important an officer ought, it should seem, to be of the President's

nomination, and ought to give a security nearly equal to that required

from the chief coiner.

I have thought it my duty to give this information under an impression

that it is proper to be communicated to the Legislature, who will decide,

in their wisdom, whether it will be expedient to make it the duty of

the treasurer to receive and keep the bullion before coinage;

To lessen the pecuniary security required from the chief coiner and

assayer; and

To place the office of the refiner under the same nomination with that

of the other chief officers; to fix his salary, and require due security.

I have the honor to be, with the most perfect respect and attachment,

sir, your most obedient and most humble servant.

END OF VOL. VII.

INDEX TO VOL. VII.

ADAMS, JOHN--His estimate of life, 30.

His reading, 59, 69.

His religious opinions, 59, 68, 219, 280.

Calumnies of Pickering against, 58, 62.

His views of metaphysics, 71.

His views of Bonaparte, 71.

Letter of condolence to, from Mr. Jefferson, 107.

Oldest signer of the Declaration of Independence, 218, 219.

ADAMS, J. Q.--Made Secretary of State, 85.

ALEXANDER, EMPEROR--His character and views, 20.

ADVICE--Letter of, 401.

ANATOMY--Experiments in, 388.

ANGLO SAXON--The language, 416.

APOCALYPSE, THE--View of, 394.

ASTRONOMY--New method of finding longitude, 223, 226.

BANKS--Evils of the Banking system, 64, 111, 115.

Suspension of, 142.

Distress resulting therefrom, 151.

Jefferson's plan for reducing circulating medium, 146.

BARBARY STATES--Their piracies, 250.

Efforts to redeem Algerine prisoners, 532.

BOLINGBROKE, LORD--His writings, 197.

BONAPARTE--His character, 275.

BOOKS--Should be imported free of duty, 220.

CAMPBELL, COL.--Hero of King's Mountain, 268.

CAPITOL--Whether there should be any inscription on new one, 41.

CHEMISTRY--Progress of, 259.

CINCINNATI SOCIETY--History of, 368.

CLASSICS--The study of, 131.

CLIMATE--Of western country, 375.

COINAGE--Report on copper coinage, 462.

Report on coins, weights and measures, 472.

COLONIZATION OF NEGROES--Views on, 332.

COMMERCE--Treaties with European powers, 436.

Our Mediterranean trade, 519.

Restriction and privileges of our foreign commerce, 636.

Free Trade, how far practicable, 646.

COMMITTEES OF CORRESPONDENCE--Origin of, 120.

COMPENSATION LAW--Unpopularity of, 78.

CONGRESS--Whether it has a right to adjourn to a new place of

meeting without consent of President, 495.

CONSOLIDATION--Dangers of, 223, 293, 430.

Rapid strides towards, 426, 430.

CONSTITUTION--Rules for interpreting, 296, 336, 342, 358.

Distribution of powers between State and Federal governments, 297,

358.

Who the final arbiter between State and Federal governments, 298,

358.

Should be easily amendable, 323, 336.

Similarity of Constitutions of different States, 323.

COURTS, COUNTY--Magistrates of, should be elected by the people, 12,

18.

CUBA--Should not be allowed to pass to England, 288, 299.

People of, how affected, 299.

Should belong to the U. States, 316.

DAVID, KING--His description of a good man, 337.

DEBT, FOREIGN--How it should be managed, 506.

DRAWBACKS--Should be repealed, 6.

EDUCATION--General plan of, 98, 187, 322, 398.

Female education, 101.

Northern teachers and professors, 187.

Common school system of Virginia a failure, 256.

ELOQUENCE--Models of, 231.

EMBARGO--Circumstances under which, resorted to, 373.

Circumstances which led to its repeal, 425, 431.

Treasonable conduct of Massachusetts in relation to, 425, 431.

ENGLAND--Feeling of towards U. States, 42, 519.

Debt of, 43.

Condition and prospects of, 45, 48, 232.

Constitution of, 48.

Parties in, 50.

Discontents in, 196.

Origin of her constitution, 355.

Effects of Norman conquest, 413.

Indemnity for slaves carried off by, during Revolutionary war, 518.

Commercial relations of, with United States, 518.

EUROPE--Condition of, 182, 193, 217, 244, 288.

Revolutions in, 307.

EXPATRIATION--Exists as a natural right, 72.

FRANCE--Condition of, 66, 76.

Return to, of Louis XVIII., 82.

Constitution of, 86.

Allied powers depart, 109.

Her revolution, 302.

Her progress in science, 323.

Whether our treaties with, remain Obligatory after her revolution,

611.

Not allowed to equip privateers in our ports, 226.

FRANKLIN, BENJAMIN--Calumnies against, 108.

FISHERIES--Report on Cod fisheries, 588.

History of Cod fisheries, 538.

History of whale fisheries, 544.

GENERATIONS--One has no right to bind another, 16, 19, 311, 359.

GOVERNMENT--Views on, 3, 263, 307, 318, 357.

Should reflect will of people in all its departments, 9, 319.

Is progressive, 15.

Should be remodelled from time to time, 14, 19.

Principle of representation, 32.

Must be adapted to each particular people, 56.

Majority must govern, 75.

Europe cannot bear republican government, 325.

GREEK--Pronunciation of, 112, 137.

The ablative case in, 272, 340.

GRIEF--Its uses and abuses, 33, 37.

HAMILTON, A.--His monarchical principles, 389.

HISTORY--Course of, indicated for University of Virginia, 412.

IMPROVEMENT, INTERNAL--Progress of, 75, 422.

Power of, does not belong to federal government, 79.

INDEPENDENCE, DECLARATION OF--Its history, 122, 304.

Jefferson's opinion of Mecklenburg Declaration, 128.

Authorship of, 407.

Original rough draft of, 409.

The house in which written, 410.

Celebration of 50th anniversary of, 450.

INDIANS--Their language, 96, 400.

Plan for civilizing, 233.

The right to extinguish Indian titles belongs to federal and

not State governments, 467.

JAY, JOHN--Why he did not sign Declaration of Independence, 308.

JEFFERSON, THOMAS--His estimate of life, 25, 421.

Decay of his faculties, 52, 179, 327.

Resigned to death, 52, 243.

Oppressed by correspondence, 54, 254.

His occupations in his old age, 111, 116.

His habits of life, 116.

Materials for his biography, 117.

Application for his portrait, 203.

Complains of publication of his letters, 222.

Settlements of his accounts on his return from France, 239, 246.

His relations with J. Adams, 314.

Calumnies of Pickering, 362.

His relations with Washington unaffected by the Mazzei letter,

364.

Their friendship uninterrupted to the last, 370.

His losses by security debt, 433.

JUDICIARY, FEDERAL--Decisions of, do not bind other departments

of the government, 134, 177.

Each department decides for itself, 134, 177.

Danger to our system from encroachments of, 192, 199, 216,

256, 278, 293, 321, 403.

KENTUCKY RESOLUTIONS--Drawn by Jefferson, 229.

KOSCIUSKO--His will, 98.

His services to United States, 106.

LA FAYETTE--His visit to United States, 378, 379.

LANDS, PUBLIC--Settlements on, 83.

LANGDON, GOVERNOR--His relations with Jefferson, 154.

LANGUAGE--Is progressive, 174, 418.

LAW--Course of reading in, 207.

Common law no part of law of United States, 251.

Christianity no part of common law, 359.

Origin of common law, 381.

LAW, INTERNATIONAL--Principle of free ships make free goods &c.,

not law of nations, 270.

LEE, R. H.--Biography of, 422.

LEWIS AND CLARKE--Journal of their expedition, 91.

LIVINGSTON, E.--His code, 383, 483.

LOAN--Proposition for new loan, 629.

LOTTERIES--Jefferson applies for leave to sell his property by

lottery, 434.

LOUISIANA--Boundaries of, 51.

MANUFACTURES--Whether a mark should be secured to each by law, 563.

MATERIALISM--Views on, 153, 175.

MAZZEI LETTER--History and explanation of, 364.

METAPHYSICS--Views on, 153, 175.

MINISTERS--Senate has no right to negative the _grade_ of a

minister, it can only negative the _person_ appointed by

the Executive, 465.

MISSIONS, RELIGIOUS--To foreign States objectionable, 287.

MINT--The coiner at the mint unable to give security, 651.

MISSISSIPPI RIVER--Our right to navigate, 568.

MISSOURI QUESTION--150, 151, 194, 200.

Evil of a geographical line, 151, 158, 159, 180, 182, 194.

MONROE, JAMES--His election to Presidency, 80.

NAVY--Origin of navy of United States, 261, 264.

NEUTRALITY--A neutral nation may refuse belligerents right to

pass through its territory, 509.

NOVELS--Evil of, 102.

OFFICES--Rotation in, 190.

OPTICS--Views on, suggested, 258.

ORATORY--Defects of modern, 347.

PAINE, THOMAS--His writings, 197.

PARTIES--History of, in U. S., 277, 290.

Original views of federal and republican, 290.

Republican party becomes federalized, 325, 342.

Necessity of, 376.

A strong monarchical party at the beginning of our government,

390.

POSTS, NORTH-WESTERN--England refuses to surrender, 518.

QUAKERS--Character of, 66.

RANDOLPH, PEYTON--Character of, 20.

RELIGION--Jefferson's views on, 28, 61, 127, 164, 170, 185, 210,

245, 252, 257, 266, 269, 281.

System of Jesus compared with ancient philosophers, 138, 156,

164, 185.

Jesus as a reformer, 164.

Modern fanaticism, 170.

Religious intolerance, 396.

REPRESENTATION--Bill apportioning, 594.

REVOLUTION, THE--Who begun it, 99, 103, 121.

Circumstances attending Declaration of Independence, 122.

REVOLUTIONARY DEBT--Those due soldiers of North Carolina and

Virginia should be paid to themselves and not their assignees,

469.

ROMAN PEOPLE AND CONSTITUTION--148, 150.

SCIENCES--Distribution of, 339.

Progress of France in, 327.

SLAVES--Not entitled to be represented, 36.

Emancipation of, 58, 310.

Amelioration of condition of, 403, 437.

Re-capture of slaves escaped to Florida, 601.

SOCIETY--Its progress, 377.

SOUTH AMERICAN PROVINCES--Incapable of self-government, 67, 75,

104, 210.

SPAIN--Treaty with, rejected, 160.

TAYLOR, JOHN--Jefferson's opinion of his "constitution

construed," 213, 216.

TRACY, DESTUTT--His works, 38, 55.

UNIVERSITY OF VIRGINIA--Organization of, 81, 161, 173, 196,

329, 392, 441.

Religious objections to appointment of Dr. Cooper in, 156,

162, 171.

Difficulties surrounding, 201, 204, 237, 392.

Necessity for a southern University, 205.

Arrangement for religious worship, 267.

Students allowed to select tickets, 300.

Difficulties of discipline, 301.

Progress of, 309.

Selection of professors for, 348.

Inculcation of federal doctrines in, should be guarded

against, 397.

Necessity for an Anatomical Hall, 393, 398.

Appointment of foreign professors, 415.

Library of, 432.

Establishment of school of Botany, 438, 441.

UNITED STATES--True policy of, 6.

Animosity to England growing out of last war, 22.

Relations of, with European powers, 288.

Relations of, with England, 22.

Danger of dissolution of Union, 182.

Should disconnect their policy from that of Europe, 183, 315.

Dangers which threaten them, 211, 214.

VANDER KEMP--History of, 29.

VIRGINIA--Programme of new constitution for, 9.

Arnold's invasion of, 144, 444.

Historical documents of, 312.

Her first constitution, 344.

Defects in, 315.

Authorship of bill of rights, constitution of, 405, 407.

WAR--Benefits of the last war, 66.

WARDS--Counties should be divided into, 35.

WASHINGTON, GEN.--Authorship of Farewell Address, 291.

No unkind feeling between him and Jefferson on account of

Mazzei letter, 364.

Forms and ceremonies adopted during his administration, 367.

He was a true republican, 371.

WASHINGTON CITY--Locating of, 512, 561.

WATER--Report on methods of obtaining fresh water from salt, 455.

WEIGHTS AND MEASURES--A standard of, 87.

Report on, 472.

WHISKEY--Evils of its cheapness, 285.

WILLIAM AND MARY COLLEGE--Its foundation, 328.

Proposition to consolidate it with University, 350, 384.

Its charter is under the power of the legislature, 350, 384.

WINES--Use of beneficial, 110.

The Writings of Thomas Jefferson, Vol. 7 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 7 / 7 章