PARIS, December 22, 1787.
SIR,--I have the honor now, to acknowledge the receipt of your favors
of the 18th and 19th of November, and two of the 18th of the present
month. I did not write to you immediately on the receipt of the two
first, because the observations they contained were to be acted on
here. I was much obliged to you for them, as I have been frequently
before for others, and you will find that I have profited by them in
the _Arret_ which is to come out for the regulation of our commerce,
wherein most of the things are provided for, which you have from time
to time recommended. With respect to the article of yellow wax, I think
there is a general clause in the _Arret_, which will take it in; but I
am not sure of it. If there be not, it is now too late to get any
alteration made. You shall receive the _Arret_ the moment it is
communicated to me.
I have examined the case of Captain Thomas, with all the dispositions
possible to interpose for him. But on mature reflection, I find it is
one of those cases wherein my solicitation would be ill received. The
government of France, to secure to its subjects the carrying trade
between her colonies and the mother country, have made a law,
forbidding any foreign vessels to undertake to carry between them.
Notwithstanding this, an American vessel has undertaken, and has
brought a cargo. For me to ask that this vessel shall be received,
would be to ask a repeal of the law, because there is no more reason
for receiving her, than there will be for receiving the second, third,
etc., which shall act against the same law, nor for receiving an
American vessel, more than the vessels of any other nations. Captain
Thomas has probably engaged in this business, not knowing the law; but
ignorance of the law is no excuse, in any country. If it were, the laws
would lose their effect, because it can be always pretended. Were I to
make this application to the Comptroller General, he might possibly ask
me, whether, in a like case, of a French vessel in America acting
through ignorance, against law, we would suspend the law as to her? I
should be obliged honestly to answer, that with us, there is no power
which can suspend the law for a moment; and Captain Thomas knows that
this answer would be the truth. The Senegal company seems to be as much
engaged in it as he is. I should suppose his most probable means of
extrication would be with their assistance, and availing himself of
their privileges, and the apparent authority he has received from the
officers of government there. I am sorry his case is such a one as I
cannot present to the minister. A jealousy of our taking away their
carrying trade, is the principal reason which obstructs our admission
into their West India islands. It would not be right for me to
strengthen that jealousy.
I have the honor to be, with much esteem, Sir, your most obedient
humble servant.