with England. Though its general matter may not be interesting, yet
you will pick up in various parts of it, such excellent principles and
observations, as will richly repay the trouble of reading it. I send you
also, two little pamphlets of the Marquis de Condorcet, wherein is the
most judicious statement I have seen, of the great questions which agitate
this nation at present. The new regulations present a preponderance
of good over their evil; but they suppose that the King can model the
constitution at will, or, in other words, that his government is a pure
despotism. The question then arising is, whether a pure despotism in a
single head, or one which is divided among a king, nobles, priesthood, and
numerous magistracy, is the least bad. I should be puzzled to decide; but
I hope they will have neither, and that they are advancing to a limited,
moderate government, in which the people will have a good share.
I sincerely rejoice at the acceptance of our new constitution by nine
States. It is a good canvass, on which some strokes only want retouching.
What these are, I think are sufficiently manifested by the general voice
from north to south, which calls for a bill of rights. It seems pretty
generally understood, that this should go to juries, habeas corpus,
standing armies, printing, religion and monopolies. I conceive there may
be difficulty in finding general modifications of these, suited to the
habits of all the States. But if such cannot be found, then it is better
to establish trials by jury, the right of habeas corpus, freedom of the
press and freedom of religion, in all cases, and to abolish standing
armies in time of peace, and monopolies in all cases, than not to do it
in any. The few cases wherein these things may do evil, cannot be weighed
against the multitude wherein the want of them will do evil. In disputes
between a foreigner and a native, a trial by jury may be improper. But if
this exception cannot be agreed to, the remedy will be to model the jury,
by giving the _mediatas linguæ_, in civil as well as criminal cases. Why
suspend the habeas corpus in insurrections and rebellions? The parties
who may be arrested, may be charged instantly with a well defined crime;
of course, the judge will remand them. If the public safety requires that
the government should have a man imprisoned on less probable testimony, in
those than in other emergencies, let him be taken and tried, retaken and
retried, while the necessity continues, only giving him redress against
the government, for damages. Examine the history of England. See how
few of the cases of the suspension of the habeas corpus law, have been
worthy of that suspension. They have been either real treason, wherein
the parties might as well have been charged at once, or sham plots, where
it was shameful they should ever have been suspected. Yet for the few
cases wherein the suspension of the habeas corpus has done real good,
that operation is now become habitual, and the minds of the nation almost
prepared to live under its constant suspension. A declaration, that the
federal government will never restrain the presses from printing anything
they please, will not take away the liability of the printers for false
facts printed. The declaration, that religious faith shall be unpunished,
does not give impunity to criminal acts, dictated by religious error. The
saying there shall be no monopolies, lessens the incitements to ingenuity,
which is spurred on by the hope of a monopoly for a limited time, as
of fourteen years; but the benefit of even limited monopolies is too
doubtful, to be opposed to that of their general suppression. If no check
can be found to keep the number of standing troops within safe bounds,
while they are tolerated as far as necessary abandon them altogether,
discipline well the militia, and guard the magazines with them. More
than magazine guards will be useless, if few, and dangerous, if many. No
European nation can ever send against us such a regular army as we need
fear, and it is hard, if our militia are not equal to those of Canada or
Florida. My idea then, is, that though proper exceptions to these general
rules are desirable, and probably practicable, yet if the exceptions
cannot be agreed on, the establishment of the rules, in all cases, will
do ill in very few. I hope, therefore, a bill of rights will be formed,
to guard the people against the federal government, as they are already
guarded against their State governments, in most instances. The abandoning
the principle of necessary rotation in the Senate, has, I see, been
disapproved by many; in the case of the President, by none. I readily,
therefore, suppose my opinion wrong, when opposed by the majority, as in
the former instance, and the totality, as in the latter. In this, however,
I should have done it with more complete satisfaction, had we all judged
from the same position.
Solicitations, which cannot be directly refused, oblige me to trouble you
often, with letters recommending and introducing to you, persons who go
from hence to America. I will beg the favor of you, to distinguish the
letters wherein I appeal to recommendations from other persons, from those
which I write on my own knowledge. In the former, it is never my intention
to compromit myself or you. In both instances, I must beg you to ascribe
the trouble I give you, to circumstances which do not leave me at liberty
to decline it. I am, with very sincere esteem, dear Sir, your affectionate
friend and servant.
[H] [Several paragraphs of this letter are in cipher. A few words
here could not be deciphered.]
TO COLONEL W. S. SMITH.
PARIS, August 2, 1788.
DEAR SIR, * * * * *
You arrived just in time to see the commencement of a new order of things.
Our political machine is now pretty well wound up; but are the spirits
of our people sufficiently wound down to let it work glibly? I trust it
is too soon for that, and that we have many centuries to come yet before
my countrymen cease to bear their government hard in hand. This nation
is rising from the dust. They have obtained as you know, provincial
assemblies, in which there will be a more perfect representation of the
people than in our State assemblies; they have obtained from the King a
declaration that he cannot impose a new tax without the consent of the
States General, and a promise to call the States General. When these meet,
they will endeavor to establish a declaration of rights, a periodical
national assembly, and a civil list. I am in hopes that even a war will
not interrupt this work. Whether, or rather when, this will come upon
them, is still uncertain. I do not think the present ill humor between
them and England can be cleared up but by a war, and that it is not very
distant. England, Holland and Prussia, have now settled their alliance.
Sweden has shown dispositions to take side with the Turks, and both, in
the event of a general war, would be in the English scale. The contrary
one would be formed by France, Spain, and the two empires. It even seems
possible that Denmark will attach itself to France instead of England,
rather than not be opposed to Russia. The symptoms of this as yet,
however, are slight. The victory lately obtained by our Admiral Paul Jones
over the Captain Pacha, will produce a great effect on the Turkish war. He
burnt six of his vessels, among which was that of the Captain Pacha, and
that also of his vice-Admiral, took two, and made between three and four
thousand prisoners, and this with a much inferior force. It was the effect
of a gross error in the Captain Pacha, instantaneously and dexterously
taken advantage of by Paul Jones, who hemmed them up in the swash at
the mouth of the Boristhenes, so that their vessels buried themselves
in the mud, where they were burnt. The Captain Pacha escaped in a small
vessel. His flag fell into the hands of the Russians. Let me hear from you
sometimes, assured I shall always be interested in your success. Present
me in the most friendly terms to Mrs. Smith, and accept the best affection
of, dear Sir, your friend and servant.
P. S. August 6th. Later accounts of the actions between the Russians and
Turks, informs us that Paul Jones commanded the right wing of the little
fleet of gallies, &c., in the first action, which was not at all decisive,
but that when the second and decisive action took place, which was still
by the gallies, &c., the Prince of Nassau alone commanded, Paul Jones
being absent with the ships of war which he commands.
TO J. ADAMS, ESQ.
PARIS, August 2, 1788.
DEAR SIR,--I have received with a great deal of pleasure the account
of your safe arrival and joyful reception at Boston. Mr. Cutting was
so kind as to send me a copy of the address of the Assembly to you and
your answer, which, with the other circumstances, I have sent to have
published in the gazettes of Leyden, and in a gazette here. It will serve
to show the people of Europe that those of America are content with their
servants, and particularly content with you.
The war with the Turks, Russians, and Austrians, goes on. A great victory
obtained on the Black Sea over the Turks, as commanded by the Captain
Pacha, by the Russians, commanded by Admiral Paul Jones, will serve to
raise the spirits of the two empires. He burnt six ships, among which was
the admiral's and vice-admiral's, took two, and made between three and
four thousand prisoners. The Swedes having hastily armed a fleet of about
sixteen sail of the line, and marched an army into Finland, the King at
the head of it, made us believe they were going to attack the Russians.
But when their fleet met with three Russian ships of one hundred guns
each, they saluted and passed them. It is pretty well understood that the
expenses of this armament are paid by the Turks, through the negotiations
of England. And it would seem as if the King had hired himself to
strut only; but not to fight, expecting probably that the former would
suffice to divert the Russians from sending their fleet round to the
Mediterranean. There are some late symptoms which would indicate that
Denmark would still be opposed to Sweden, though she should shift herself
into the opposite scale. The alliance between England, Holland and Russia,
is now settled. In the meantime, this country is losing all its allies one
by one, without assuring to herself new ones. Prussia, Holland, Turkey,
Sweden, are pretty certainly got, or getting into the English interest,
and the alliance of France with the two empires is not yet secured. I am
in hopes her internal affairs will be arranged without blood. None has
been shed as yet. The nation presses on sufficiently upon the government
to force reformations, without forcing them to draw the sword. If they
can keep the opposition always exactly at this point all will end well.
Peace or war, they cannot fail now to have the States General, and I
think in the course of the following year. They have already obtained
the provincial Assemblies as you know. The King has solemnly confessed
he cannot lay a new tax without consent of the States General, and when
these assemble they will try to have themselves moulded into a periodical
assembly, to form a declaration of rights, and a civil list for the
government. The Baron de Breteuil has lately retired from the ministry,
and has been succeeded by M. de Villedeuil. Monsieur de Malesherbes will
probably retire. The Marquis de La Fayette, with several others, have
lately received a fillip for having assembled to sign a memorial to the
King, which had been sent up from Brittany. They took from the Marquis
a particular command which he was to have exercised during the months of
August and September this year in the south of France. Your friends the
Abbés are well, and always inquire after you. I shall be happy to hear
from you from time to time, to learn State news and State politics, for
which I will give you in return those of this quarter of the earth. I hope
Mrs. Adams is well; I am sure she is happier in her own country than any
other. Assure her of my constant friendship, and accept assurances of the
same from, dear Sir, your most obedient, and most humble servant.
P. S. Make freely any use of me here which may be convenient either for
yourself or Mrs. Adams.
P. S. August 6. Later accounts inform us that there have been two actions
between the Russians and Turks. The first was of the gallies on both
sides. In this, Paul Jones being accidentally present, commanded the
right wing. The Russians repulsed the Turks. The second action was of the
Russian gallies against the Turkish ships of war. The effect was what is
stated in the preceding letter. But the command was solely in the Prince
of Nassau. Paul Jones with his fleet of ships of war being absent, Prince
Potemkin immediately got under march for Oczakow, to take advantage of the
consternation it was thrown into. The Swedes have commenced hostilities
against the Russians, and war against them is consequently declared by the
Empress.
TO JOHN JAY.
PARIS, August 3, 1788.
SIR,--My last letters to you were of the 4th and 23d of May, with a
postscript of the 27th. Since that, I have been honored with yours of
April the 24th, May the 16th and June the 9th.
The most remarkable internal occurrences since my last, are these. The
Noblesse of Bretagne, who had received with so much warmth the late
innovations in the government, assembled, and drew up a memorial to the
King, and chose twelve members of their body to come and present it.
Among these was the Marquis de La Rouerie, (Colonel Armand.) The King,
considering the Noblesse as having no legal right to assemble, declined
receiving the memorial. The deputies, to give greater weight to it, called
a meeting of the landed proprietors of Bretagne, resident at Paris, and
proposed to them to add their signatures. They did so, to the number
of about sixty, of whom the Marquis de La Fayette was one. The twelve
deputies, for having called this meeting, were immediately sent to the
Bastile, where they now are, and the Parisian signers were deprived of
such favors as they held of the court. There were only four of them,
however, who held anything of that kind. The Marquis de La Fayette was
one of these. They had given him a military command, to be exercised in
the south of France, during the months of August and September, of the
present year. This they took from him; so that he is disgraced, in the
ancient language of the court, but in truth honorably marked in the eyes
of the nation. The ministers are so sensible of this, that they have had,
separately, private conferences with him, to endeavor, through him, to
keep things quiet. From the character of the province of Bretagne, it was
much apprehended, for some days, that the imprisonment of their deputies
would have produced an insurrection. But it took another turn. The _Cours
intermediare_ of the province, acknowledged to be a legal body, deputed
eighteen members of their body to the King. To these he gave an audience,
and the answer, of which I send you a copy. This is hard enough. Yet I am
in hopes the appeal to the sword will be avoided, and great modifications
in the government be obtained, without bloodshed. As yet, none has
been spilt, according to the best evidence I have been able to obtain,
notwithstanding what the foreign newspapers have said to the contrary.
The convocation of the States General has now become inevitable. Whenever
the time shall be announced certainly, it will keep the nation quiet till
they meet. According to present probabilities, this must be in the course
of the next summer; but to what movements their meeting and measures may
give occasion, cannot be foreseen. Should a foreign war take place, still
they must assemble the States General, because they cannot, but by their
aid, obtain money to carry it on. Monsieur de Malesherbes will, I believe,
retire from the King's Council. He has been much opposed to the late
acts of authority. The Baron de Breteuil has resigned his secretaryship
of the domestic department; certainly not for the same reasons, as he is
known to have been of opinion, that the King had compromitted too much of
his authority. The real reason has probably been an impatience of acting
under a principal minister. His successor is M. de Villedeuil, lately
Comptroller General.
The Ambassadors of Tippoo Saib have arrived here. If their mission has
any other object than that of pomp and ceremony, it is not yet made
known. Though this court has not avowed that they are in possession of
Trincomale, yet the report is believed, and that possession was taken by
General Conway, in consequence of orders given in the moment that they
thought a war certain. The dispute with the States General of the United
Netherlands, on account of the insult to M. de St. Priest, does not tend,
as yet, towards a settlement. He has obtained leave to go to the waters,
and perhaps, from thence he may come to Paris, to await events. Sweden
has commenced hostilities against Russia, by the taking a little fortress
by land. This having been their intention, it is wonderful that when
their fleet lately met three Russian ships of one hundred guns each, they
saluted instead of taking them. The Empress has declared war against them
in her turn. It is well understood that Sweden is set on by England, and
paid by the Turks. The prospect of Russia has much brightened by some late
successes. Their fleet of galleys and gunboats, twenty-seven in number,
having been attacked by fifty-seven Turkish vessels of the same kind,
commanded by the Captain Pacha, these were repulsed, with the loss of
three vessels. In the action, which was on the 18th of June, Admiral Paul
Jones commanded the right wing of the Russians, and the Prince of Nassau,
the left. On the 26th of the same month, the Turkish principal fleet, that
is to say, their ships of the line, frigates, &c., having got themselves
near the swash, at the mouth of the Boristhenes, the Prince of Nassau took
advantage of their position, attacked them while so engaged in the mud
that they could not manœuvre, burnt six, among which were the admiral's,
and vice-admiral's, took two, and made between three and four thousand
prisoners. The first reports gave this success to Admiral Paul Jones; but
it is now rendered rather probable that he was not there, as he commands
the vessels of war which are said not to have been there. It is supposed
that his presence in the affair of the 18th, was accidental. But if this
success has been so complete as it is represented, the Black Sea must be
tolerably open to the Russians: in which case, we may expect, from what we
know of that officer, that he will improve to the greatest advantage the
situation of things on that sea. The Captain Pacha's standard was taken in
the last action, and himself obliged to make his escape in a small vessel.
Prince Potemkin immediately got under march for Oczakow, to take advantage
of the consternation into which that place was thrown.
The Spanish squadron, after cruising off the western isles and Cape St.
Vincent, has returned into port.
A dispute has arisen between the Papal See and the King of Naples, which
may, in its progress, enable us to estimate what degree of influence that
See retains at the present day. The kingdom of Naples, at an early period
of its history, became feudatory to the See of Rome, and in acknowledgment
thereof, has annually paid a hackney to the Pope in Rome, to which place
it has always been sent by a splendid embassy. The hackney has been
refused by the King this year, and the Pope giving him three months to
return to obedience, threatens, if he does not, to proceed seriously
against him.
About three weeks ago, a person called on me and informed me that Silas
Deane had taken him in for a sum of one hundred and twenty guineas, and
that being unable to obtain any other satisfaction, he had laid hands on
his account book and letter book, and had brought them off to Paris, to
offer them first to the United States, if they would repay him his money,
and if not, that he should return to London, and offer them to the British
minister. I desired him to leave them with me four-and-twenty hours, that
I might judge whether they were worth our notice. He did so. They were
two volumes. One contained all his accounts with the United States, from
his first coming to Europe, to January the 10th, 1781. Presuming that
the treasury board was in possession of this account till his arrival in
Philadelphia, August, 1778, and that he had never given in the subsequent
part, I had that subsequent part copied from the book, and now enclose it,
as it may, on some occasion or other, perhaps be useful in the treasury
office. The other volume contained all his correspondences from March
the 30th to August the 23d, 1777. I had a list of the letters taken, by
their dates and addresses, which will enable you to form a general idea
of the collection. On perusal of many of them, I thought it desirable
that they should not come to the hands of the British minister, and from
an expression dropped by the possessor of them, I believe he would have
fallen to fifty or sixty guineas. I did not think them important enough,
however, to justify my purchasing them without authority; though, with
authority, I should have done it. Indeed, I would have given that sum
to cut out a single sentence, which contained evidence of a fact, not
proper to be committed to the hands of enemies. I told him I would state
his proposition to you, and await orders. I gave him back the books, and
he returned to London without making any promise that he would await the
event of the orders you might think proper to give.
News of the accession of nine States to the new form of federal
government, has been received here about a week. I have the honor to
congratulate you sincerely on this event. Of its effect at home, you are
in the best situation to judge. On this side the Atlantic it is considered
as a very wise reformation. In consequence of this, speculations are
already begun here, to purchase up our domestic liquidated debt. Indeed,
I suspect that orders may have been previously lodged in America to do
this, as soon as the new Constitution was accepted effectually. If it is
thought that this debt should be retained at home, there is not a moment
to lose; and I know of no means of retaining it, but those I suggested to
the treasury board, in my letter to them of March the 29th. The transfer
of these debts to Europe, will exclusively embarrass, and perhaps totally
prevent the borrowing any money in Europe, till these shall be paid off.
This is a momentous object, and in my opinion should receive instantaneous
attention.
The gazettes of France, to the departure of my letter, will accompany it,
and those of Leyden to the 22d of July, at which time their distribution
in this country was prohibited. How long the prohibition may continue, I
cannot tell. As far as I can judge, it is the only paper in Europe worth
reading. Since the suppression of the packet boats, I have never been
able to find a safe conveyance for a letter to you, till the present by
Mrs. Barclay. Whenever a confidential person shall be going from hence
to London, I shall send my letters for you to the care of Mr. Trumbull,
who will look out for safe conveyances. This will render the epochs of my
writing very irregular. There is a proposition under consideration, for
establishing packet boats on a more economical plan, from Havre to Boston;
but its success is uncertain, and still more, its duration. I have the
honor to be, with sentiments of the most perfect esteem and respect, Sir,
your most obedient, and most humble servant.
TO COLONEL MONROE.
PARIS, August 9, 1788.
DEAR SIR,--Since my last to you, I have to thank you for your favors
of July the 27th, 1787, and April the 10th, 1788, and the details they
contained; and in return, will give you now the leading circumstances of
this continent. * * *
This nation is, at present, under great internal agitation. The authority
of the crown on one part, and that of the parliaments on the other,
are fairly at issue. Good men take part with neither, but have raised
an opposition, the object of which is, to obtain a fixed and temperate
constitution. There was a moment, when this opposition ran so high, as to
endanger an appeal to arms, in which case, perhaps, it would have been
crushed. The moderation of government has avoided this, and they are
yielding daily, one right after another, to the nation. They have given
them Provincial Assemblies, which will be very perfect representations
of the nation, and stand somewhat in the place of our State Assemblies;
they have reformed the criminal law; acknowledged the King cannot lay a
new tax, without the consent of the States General; and they will call
the States General the next year. The object of this body, when met, will
be a bill of rights, a civil list, a national assembly meeting at certain
epochs, and some other matters of that kind. So that I think it probable,
this country will, within two or three years, be in the enjoyment of a
tolerably free constitution, and that without its having cost them a drop
of blood; for none has yet been spilt, though the English papers have set
the whole nation to cutting throats.
* * * * *
Be assured of those sentiments of esteem and attachment with which I am,
dear Sir, your friend and servant.
TO MONSIEUR DE CREVE-COEUR.
PARIS, August 9, 1788.
DEAR SIR,--While our second revolution is just brought to a happy end
with you, yours here is but cleverly under way. For some days, I was
really melancholy with the apprehension, that arms would be appealed to,
and the opposition crushed in its first efforts. But things seem now to
wear a better aspect. While the opposition keeps at its highest wholesome
point, government, unwilling to draw the sword, is not forced to do it.
The contest here is exactly what it was in Holland: a contest between the
monarchical and aristocratical parts of the government, for a monopoly of
despotism over the people. The aristocracy in Holland, seeing that their
common prey was likely to escape out of their clutches, chose rather to
retain its former portion, and therefore coalesced with the single head.
The people remained victims. Here, I think, it will take a happier turn.
The parliamentary part of the aristocracy is alone firmly united. The
Noblesse and Clergy, but especially the former, are divided partly between
the parliamentary and the despotic party, and partly united with the real
patriots, who are endeavoring to gain for the nation what they can, both
from the parliamentary and the single despotism. I think I am not mistaken
in believing that the King and some of his ministers are well affected to
this band; and surely, that they will make great cessions to the people,
rather than small ones to the parliament. They are, accordingly, yielding
daily to the national reclamations, and will probably end, in according a
well-tempered constitution. They promise the States General for the next
year, and I have good information that an _Arret_ will appear the day
after to-morrow, announcing them for May, 1789. How they will be composed,
and what they will do, cannot be foreseen. Their convocation, however,
will tranquillize the public mind, in a great degree, till their meeting.
There are, however, two intervening difficulties: 1. Justice cannot till
then continue completely suspended, as it now is. The parliament will not
resume their functions, but in their entire body. The baillages are afraid
to accept of them. What will be done? 2. There are well-founded fears of a
bankruptcy before the month of May. In the meantime, the war is spreading
from nation to nation. Sweden has commenced hostilities against Russia;
Denmark is showing its teeth against Sweden; Prussia against Denmark;
and England too deeply engaged in playing the back game, to avoid coming
forward, and dragging this country and Spain in with her. But even war
will not prevent the assembly of the States General, because it cannot be
carried on without them. War, however, is not the most favorable moment
for divesting the monarchy of power. On the contrary, it is the moment
when the energy of a single hand shows itself in the most seducing form.
A very considerable portion of this country has been desolated by a hail.
I considered the newspaper accounts, of hailstones of ten pounds weight,
as exaggerations. But in a conversation with the Duke de La Rochefoucault,
the other day, he assured me, that though he could not say he had seen
such himself, yet he considered the fact as perfectly established. Great
contributions, public and private, are making for the sufferers. But
they will be like the drop of water from the finger of Lazarus. There is
no remedy for the present evil, nor way to prevent future ones, but to
bring the people to such a state of ease, as not to be ruined by the loss
of a single crop. This hail may be considered as the _coup de grace_ to
an expiring victim. In the arts, there is nothing new discovered since
you left us, which is worth communicating. Mr. Payne's iron bridge was
exhibited here, with great approbation. An idea has been encouraged, of
executing it in three arches, at the King's garden. But it will probably
not be done.
I am, with sentiments of perfect esteem and attachment, dear Sir, your
most obedient, and most humble servant.
TO J. BANNISTER, JR., ESQ.
PARIS, August 9, 1788.
DEAR SIR,-- * * * * * * * *
This country at present is extremely agitated by the disputes between the
King and his parliaments. Between these two parties there is a middle
patriotic one, proceeding with a steady step to recover from both what
they can for the nation, and I think they will obtain a pretty good
constitution. It is now pretty certain they will call the States General
the next year, and probably in the month of May. It is expected that
Assembly will endeavor to fix some certain limits to the royal authority.
The Swedes have commenced hostilities against the Russians, and obtained
a small advantage in an engagement on the Baltic. The Russians have had
two considerable actions on the Black Sea with the Turks. The first was
in their favor, the second a complete victory. In the first, Admiral
Paul Jones commanded the right wing. He was not at the second action. He
commands the ships of war on that sea. Both actions were by the Russian
gallies, commanded by the Prince of Nassau, and Paul Jones seems to have
been accidentally present in the first. These victories will probably have
a great effect. This country wishes to keep out of the war, but I doubt
the possibility of it. Your affectionate friend and humble servant.
TO HIS EXCELLENCY THE COUNT DE MOUSTIER.
PARIS, August 9, 1788.
DEAR SIR,--Though your numerous and well-informed correspondents here must
keep you constantly _au courant_ of what passes in Europe, yet I cannot
relinquish the privilege of writing to you altogether, merely because
I can tell you nothing but what you learn better from other hands. You
will have heard of the astonishing revolution in the politics of Sweden,
which has lately carried her into the scale favored by England and opposed
to France. Hostilities were commenced by the Swedes, by the attack of a
small Russian post. They pretend the Russians had previously entered on
their territory and burnt a village or two, but it is believed that this
pretended aggression was by Swedes themselves in Cossack dress, to give a
color for hostilities where none existed before. It is said, and believed,
there has been a naval action on the Baltic, wherein the Russians were
obliged to retire, with the loss of two ships. But the latter have been
more fortunate in two actions against the Turks, on the Black Sea. In the
first, they but barely repulsed the Turks, with the loss of three vessels
of the latter. In the second, they obtained a complete and decisive
victory. I think there is a hope that Denmark will still oppose itself
to Sweden. If so, the balance of naval power will still be preserved in
some degree; for though Sweden may return to France on a future occasion
if the latter should not be obliged to enter into the present war,
if she does enter into it, I apprehend Sweden will ultimately arrange
herself with the adverse party. And that she must enter into, in the
long run, I think extremely probable. I sincerely wish this may not be,
till she shall have arranged her internal affairs. These, in my opinion,
are going on in the fairest way possible to produce good to the body of
the nation. The progress already made is great, and the cry for further
improvement, without being strong enough to induce government to draw the
sword and crush the opposition, is strong enough to goad them on towards
the establishment of a constitution. I think that among the ministers
themselves there are some good patriots who are not entirely displeased at
this degree of violence. It is already announced that the States General
will be called in 1789, and I have tolerably good information that an
_Arret_ will appear the day after to-morrow announcing them for May, 1789;
but my letters must go off to-morrow, so that this intelligence cannot
be confirmed in them. You will have heard that the Baron de Breteuil
is retired, and Monsieur de Villedeuil in his place. M. de Malesherbes
has endeavored to retire, but as yet he is over-powered by strong
intercession. The Marechal de Richelieu died yesterday. The Marechal de
Vaux is at the point of death in Dauphine. The Ambassadors of Tippoo Saib
are to be received to-morrow at Versailles in great pomp. I go to see this
_jeu d'enfants_. I wish Madame de Brehan could be there to paint it. By
this time, I am afraid she is ready to do justice to my information on
the subject of my own country, that the Cultivateur Americaine had been
too much disposed to see the fair side; that it had too sides as well
as all other countries, &c. I beg her indulgence for our foibles, and a
continuance particularly of her partiality to me. Be so good as to present
me very affectionately to her, and to be assured of the sincerity of the
esteem and attachment with which I have the honor to be, dear Sir, your
most obedient, and most humble servant.
TO JOHN JAY.
PARIS, August 10, 1788.
SIR,--I have waited till the last moment of Mrs. Barclay's departure,
to write you the occurrences since my letter of the 3d instant. We have
received the Swedish account of an engagement between their fleet and the
Russian, on the Baltic, wherein they say they took one, and burned another
Russian vessel, with the loss of one on their side, and that the victory
remained with them. They say, at the same time, that their fleet returned
into port, and the Russians kept the sea; we must, therefore, suspend
our opinion, till we get the Russian version of this engagement. The
Swedish manifesto was handed about to-day at Versailles, by the Swedish
ambassador, in manuscript. The King complains that Russia has been ever
endeavoring to sow divisions in his kingdom, in order to re-establish the
ancient constitution; that he has long borne it, through a love of peace,
but finds it no longer bearable; that still, however, he will make peace
on these conditions: 1, that the Empress punishes her minister for the
note he gave in to the court of Stockholm; 2, that she restore Crimea to
the Turks; and 3, that she repay to him all the expenses of his armament.
The Russian force in vessels of war, on the Black Sea, are five frigates
and three ships of the line; but those of the line are shut up in port,
and cannot come out, till Oczakow shall be taken. This fleet is commanded
by Paul Jones, with the rank of rear-admiral. The Prince of Nassau
commands the gallies and gun-boats. It is now ascertained that the States
General will assemble the next year, and probably in the month of May.
Tippoo Saib's ambassadors had their reception to-day at Versailles, with
unusual pomp. The presence was so numerous, that little could be caught of
what they said to the King, and he answered to them; from what little I
could hear, nothing more passed than mutual assurances of good will. The
name of the Marechal de Richelieu is sufficiently remarkable in history,
to justify my mentioning his death, which happened two days ago: he was
aged ninety-two years.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient and most humble servant.
TO JOHN JAY.
PARIS, August 11, 1788.
SIR,--In my letter of the last night, written in the moment of Mrs.
Barclay's departure, I had the honor of mentioning to you, that it was
now pretty certain that the States General would be assembled in the
next year, and probably in the month of May. This morning an _Arret_ is
published, announcing that their meeting is fixed on the first day of
May next, of which I enclose you a copy by post, in hopes it will get
to Bordeaux in time for Mrs. Barclay. This _Arret_ ought to have a great
effect towards tranquillizing the nation. There are still, however, two
circumstances which must continue to perplex the administration. The
first is, the want of money, occasioned not only by the difficulty of
filling up the loan of the next year, but by the withholding the ordinary
supplies of taxes, which is said to have taken place in some instances:
this gives apprehension of a bankruptcy under some form or other, and
has occasioned the stocks to fall in the most alarming manner. The
second circumstance is, that justice, both civil and criminal, continues
suspended. The parliament will not resume their functions, but with their
whole body and the greater part of the baillages declined acting; the
present _Arret_ announces a perseverance in this plan. I have information
from Algiers, of the 5th of June, that the plague is raging there with
great violence; that one of our captives was dead of it, and another
ill, so that we have there, in all, now, only fifteen or sixteen; that
the captives are more exposed to its ravages than others; that the great
redemptions by the Spaniards, Portuguese and Neapolitans, and the havoc
made by the plague, had now left not more than four hundred slaves in
Algiers; so that their redemption was become not only exorbitant, but
almost inadmissible; that common sailors were held at four hundred pounds
sterling, and that our fifteen or sixteen could probably not be redeemed
for less than from twenty-five to thirty thousand dollars. An Algerine
cruiser, having twenty-eight captives of Genoa aboard, was lately chased
ashore by two Neapolitan vessels; the crew and captives got safe ashore,
and the latter, of course, recovered their freedom. The Algerine crew was
well treated, and would be sent back by the French. But the government
of Algiers demands of France sixty thousand sequins, or twenty-seven
thousand pounds sterling, for the captives escaped; that is, nearly
one thousand pounds each. The greater part of the regency were for an
immediate declaration of war against France; but the Dey urged the heavy
war the Turks were at present engaged in; that it would be better not to
draw another power on them, at present; that they would decline renewing
the treaty of one hundred years, which expired two years ago, so as to be
free to act hereafter; but for the present, they ought to accept payment
for the captives as a satisfaction. They accordingly declared to the
French consul that they would put him and all his countrymen there into
irons, unless the sixty thousand sequins were paid; the consul told them,
his instructions were, positively, that they should not be paid. In this
situation stood matters between that pettifogging nest of robbers, and
this great kingdom, which will finish, probably, by crouching under them,
and paying the sixty thousand sequins. From the personal characters of the
present administration, I should have hoped, under any other situation
than the present, they might have ventured to quit the beaten track of
politics hitherto pursued, in which the honor of their nation has been
calculated at nought, and to join in a league for keeping up a perpetual
cruise against these pirates, which, though a slow operation, would be
a sure one for destroying all their vessels and seamen, and turning the
rest of them to agriculture. But a desire of not bringing upon themselves
another difficulty, will _probably_ induce the ministers to do as their
predecessors have done.
August 12. The enclosed paper of this morning, gives some particulars of
the action between the Russians and Swedes, the manifesto of the Empress,
and the declaration of the court of Versailles, as to the affair of
Trincomcale.
I have the honor to be, with sentiments of perfect esteem and respect,
Sir, your most obedient, and most humble servant.
TO WILLIAM CARMICHAEL.
PARIS, August 12, 1788.
DEAR SIR,--Since my last to you, I have been honored with yours of the
18th and 29th of May, and 8th of June. My latest American intelligence is
of the 24th of June, when nine certainly, and probably ten States, had
accepted the new Constitution, and there was no doubt of the eleventh
(North Carolina), because there was no opposition there. In New York,
two-thirds of the State were against it, and certainly, if they had been
called to the decision in any other stage of the business, they would have
rejected it; but before they put it to the vote, they would certainly
have heard that eleven States had joined in it, and they would find it
safer to go with those eleven, than put themselves into opposition, with
Rhode Island only. Though I am much pleased with this successful issue of
the new Constitution, yet I am more so, to find that one of its principal
defects (the want of a declaration of rights) will pretty certainly be
remedied. I suppose this, because I see that both people and conventions,
in almost every State, have concurred in demanding it. Another defect,
the perpetual re-eligibility of the same President, will probably not be
cured during the life of General Washington. His merit has blinded our
countrymen to the danger of making so important an officer re-eligible.
I presume there will not be a vote against him in the United States. It
is more doubtful who will be Vice President. The age of Dr. Franklin,
and the doubt whether he would accept it, are the only circumstances that
admit a question, but that he would be the man. After these two characters
of first magnitude, there are so many which present themselves equally,
on the second line, that we cannot see which of them will be singled
out. John Adams, Hancock, Jay, Madison, Rutledge, will all be voted for.
Congress has acceded to the prayer of Kentucky, to become an independent
member of the Union. A committee was occupied in settling the plan of
receiving them, and their government is to commence on the 1st day of
January next.
You are, I dare say, pleased, as I am, with the promotion of our
countryman, Paul Jones. He commanded the right wing, in the first
engagement between the Russian and Turkish gallies; his absence from the
second proves his superiority over the Captain Pacha, as he did not choose
to bring his ships into the shoals in which the Pacha ventured, and lost
those entrusted to him. I consider this officer as the principal hope of
our future efforts on the ocean. You will have heard of the action between
the Swedes and Russians, on the Baltic; as yet, we have only the Swedish
version of it. I apprehend this war must catch from nation to nation, till
it becomes general.
With respect to the internal affairs of this country, I hope they will be
finally well arranged, and without having cost a drop of blood. Looking
on as a by-stander, no otherwise interested, than as entertaining a
sincere love for the nation in general, and a wish to see their happiness
promoted, keeping myself clear of the particular views and passions of
individuals, I applaud extremely the patriotic proceedings of the present
ministry. Provincial Assemblies established, the States General called,
the right of taxing the nation without their consent abandoned, corvées
abolished, torture abolished, the criminal code reformed, are facts which
will do eternal honor to their administration, in history. But were I
their historian, I should not equally applaud their total abandonment
of their foreign affairs. A bolder front in the beginning would have
prevented the first loss, and, consequently, all the others. Holland,
Prussia, Turkey and Sweden, lost without the acquisition of a single new
ally, are painful reflections for the friends of France. They may, indeed,
have in their places, the two empires, and perhaps Denmark; in which case,
physically speaking, they will stand on as good ground as before, but
not on as good moral ground. Perhaps, seeing more of the internal working
of the machine, they saw, more than we do, the physical impossibility of
having money to carry on a war. Their justification must depend on this,
and their atonement, on the internal good they are doing to their country;
this makes me completely their friend.
I am, with great esteem and attachment, dear Sir, your friend and servant.
TO MR. J. RUTLEDGE, JUNIOR.
PARIS, August 12, 1788.
DEAR SIR,--Obliged to make one letter serve for yourself and Mr. Shippen,
I have the honor to acknowledge the receipt of your favor of August the
1st, and his of July the 12th and 31st. By news from Virginia of the 12th
of June, when their convention had been eleven days in session, there was
no doubt but that she, soon after that date, would give the ninth vote
in favor of the new Constitution. New Hampshire acceded to it on the 24th
of June. Of North Carolina no doubt is entertained. Congress have agreed
to the independence of Kentucky. An _Arret_ was published here yesterday
announcing that the convocation of the States General should be for the
1st of May next, and in the meantime suspending the _cours pleniere_,
but persevering in the parliamentary reform. This, I think, secures the
reformation of their constitution without bloodshed. You will already have
heard of the commencement of hostilities between Sweden and Russia. This
war, I think, will catch from nation to nation till it becomes general. I
imagine you will find it unsafe to proceed from Vienna to Constantinople.
I do not think the object will justify any personal risk. Mr. Short is not
yet decided as to his route, or the time of his beginning it. I am, with
very great esteem, dear Sir, your friend and servant.
TO JOHN JAY.
PARIS, August 20, 1788.
SIR,--I had the honor to write to you on the 3d, 10th, and 11th instant,
with a postscript of the 12th; all of which went by Mrs. Barclay. Since
that date, we have received an account of a third victory obtained by the
Russians over the Turks, on the Black Sea, in which the Prince of Nassau,
with his gallies, destroyed two frigates, three smaller vessels, and six
gallies. The Turkish power on that sea, is represented by their enemies
as now annihilated. There is reason to believe, however, that this is not
literally true, and, that aided by the supplies furnished by the English,
they are making extraordinary efforts to re-establish their marine. The
Russian minister here has shown the official report of Admiral Greigh, on
the combat of July the 17th, in which he claims the victory, and urges in
proof of it, that he kept the field of battle. This report is said to have
been written on it. As this paper, together with the report of the Swedish
admiral, is printed in the Leyden gazette of the 15th instant, I enclose
it to you. The court of Denmark has declared, it will furnish Russia the
aid stipulated in their treaty; and it is not doubted they will go beyond
this, and become principals in the war. The next probable moves are,
that the King of Prussia will succor Sweden; and Poland, Russia, by land;
and a possible consequence is, that England may send a squadron into the
Baltic, to restore equilibrium in that sea. In my letter of the 11th, I
observed to you, that this country would have two difficulties to struggle
with, till the meeting of their States General, and that one of these
was the want of money: this has, in fact, overborne all their resources,
and the day before yesterday they published an _Arret_, suspending all
reimbursements of capital, and reducing the payments of the principal mass
of demands for interest, to twelve sous in the livre; the remaining eight
sous to be paid with certificates. I enclose you a newspaper with the
_Arret_. In this paper, you will see the exchange of yesterday, and I have
inserted that of the day before, to show you the fall. The consternation
is, as yet, too great to let us judge of the issue. It will probably
ripen the public mind to the necessity of a change in their constitution,
and to the substituting the collected wisdom of the whole, in place of a
single will, by which they have been hitherto governed. It is a remarkable
proof of the total incompetency of a single head to govern a nation well,
when, with a revenue of six hundred millions, they are led to a declared
bankruptcy, and to stop the wheels of government, even in its most
essential movements, for want of money.
I send the present letter by a private conveyance to a sea port, in hopes
a conveyance may be found by some merchant vessel.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO MR. CUTTING.
PARIS, August 23, 1788.
DEAR SIR,--I have duly received your favors of the 3d, 8th, 14th and 15th
instant, and have now the honor of enclosing you a letter of introduction
to Doctor Ramsay.
I think a certainty that England and France must enter into the war,
was a great inducement to the ministry here, to suspend the portion of
public payments which they have lately suspended. By this operation,
they secure two hundred and three millions of livres, or eight millions
and a half of guineas, in the course of this and the ensuing year, which
will be sufficient for the campaign of the first year: for what is to
follow, the States General must provide. The interesting question now
is, how the States General shall be composed? There are three opinions.
1. To place the three estates, Clergy, Noblesse, and Commons, in three
different Houses. The Clergy would, probably, like this, and some of the
Nobility; but it has no partisans out of those orders. 2. To put the
Clergy and Noblesse into one House, and the Commons into another. The
Noblesse will be generally for this. 3. To put the three orders into one
House, and make the Commons the majority of that House. This re-unites
the greatest number of partisans, and I suspect it is well patronised in
the ministry, who, I am persuaded, are proceeding _bonâ fide_, to improve
the constitution of their country. As to the opposition which the English
expect from the personal character of the King, it proves they do not know
what his personal character is. He is the honestest man in his kingdom,
and the most regular and economical. He has no foible which will enlist
him against the good of his people; and whatever constitution will promote
this, he will befriend. But he will not befriend it obstinately: he has
given repeated proofs of a readiness to sacrifice his opinion to the
wish of the nation. I believe he will consider the opinion of the States
General, as the best evidence of what will please and profit the nation,
and will conform to it. All the characters at court may not be of this
disposition, and from thence may, possibly, arise representations, capable
of leading the King astray; but upon a full view of all circumstances, I
have sanguine hopes, that such a constitution will be established here, as
will regenerate the energy of the nation, cover its friends, and make its
enemies tremble. I am, with very great esteem, dear Sir, your friend and
servant.
TO JOHN JAY.
PARIS, September 3, 1788.
SIR,--By Mrs. Barclay I had the honor of sending you letters of the 3d,
10th and 11th of August: since which, I wrote you of the 20th of the same
month, by a casual conveyance, as is the present.
In my letter of the 20th, I informed you of the act of public bankruptcy
which had taken place here. The effect of this would have been a forced
loan of about one hundred and eighty millions of livres, in the course
of the present and ensuing year. But it did not yield a sufficient
immediate relief. The treasury became literally moneyless, and all
purposes depending on this mover, came to a stand. The Archbishop was
hereupon removed, with Monsieur Lambert, the Comptroller General; and Mr.
Neckar was called in, as Director General of the finance. To soften the
Archbishop's dismission, a cardinal's hat is asked for him from Rome,
and his nephew promised the succession to the Archbishopric of Sens.
The public joy, on this change of administration, was very great indeed.
The people of Paris were amusing themselves with trying and burning the
Archbishop in effigy, and rejoicing on the appointment of Mr. Neckar.
The commanding officer of the city guards undertook to forbid this, and
not being obeyed, he charged the mob with fixed bayonets, killed two or
three, and wounded many: this stopped their rejoicings for that day; but
enraged at being thus obstructed in amusements wherein they had committed
no disorder whatever, they collected in great numbers the next day,
attacked the guards in various places, burnt ten or twelve guard houses,
killed two or three of the guards, and had about six or eight of their own
number killed. The city was hereupon put under martial law, and after a
while, the tumult subsided, and peace was restored. The public stocks rose
ten per cent. on the day of Mr. Neckar's appointment: he was immediately
offered considerable sums of money, and has been able so far to wave the
benefit of the act of bankruptcy, as to pay in cash all demands, except
the _remboursements des capitaux_. For these, and for a sure supply of
other wants, he will depend on the States General, and will hasten their
meetings, as is thought. No other change has yet taken place in the
administration. The minister of war, however, must certainly follow his
brother, and some think, and all wish, that Monsieur de Lamoignon, the
Garde des Sceaux, may go out also. The administration of justice is still
suspended. The whole kingdom seems tranquil at this moment.
Abroad, no event worth noting has taken place, since my last. The court
of Denmark has not declared it will do anything more than furnish the
stipulated aid to Russia. The King of Prussia has, as yet, made no move
which may decide whether he will engage in the war, nor has England sent
any squadron into the Baltic. As the season for action is considerably
passed over, it is become more doubtful, whether any other power will
enter the lists till the next campaign: this will give time for stopping
the further progress of the war, if they really wish to stop it. Two
camps, of twenty-five thousand men each, are forming in this country, on
its northern limits. The Prince of Condé has the command of one, and the
Duke de Broglio of the other.
I trouble you with the enclosed letter from a Henry Watson, claiming
prize moneys, as having served under Admiral Paul Jones, which, I
suppose, should go to the treasury, or war office. I have the honor to
be, with sentiments of the most perfect esteem and respect, Sir, your most
obedient, and most humble servant.
TO THE COMMISSIONERS OF THE TREASURY.
PARIS, September 6, 1788.
GENTLEMEN,--Your favor of July the 3d, came to hand some days ago, and
that of July the 22d, in the afternoon of yesterday. Knowing that a Mr.
Vannet was to leave Paris this morning, to go to Virginia in a vessel
bound from Havre to Potomac, I have engaged him to receive the papers
which are the subject of those letters; to take care of them from thence
to Havre, and on the voyage; and when he shall have arrived in the
Potomac, instead of going directly to Richmond, as he intended, he will
proceed with them himself, to New York. I shall pay here, all expenses to
their delivery at the ship's side in America, freight included: unless,
perhaps, he may find it necessary to put another covering over them, if he
should not be able to get them into the cabin; in this case, you will have
to reimburse him for that. I engage to him, that you shall pay him their
transportation from the ship's side to New York, and his own reasonable
expenses from the place of his landing to New York, and back to the place
of landing. As he takes that journey for this object only, it would be
reasonable that you give him some gratuity for his time and trouble, and
I suppose it would be accepted by him; but I have made no agreement for
this. The papers are contained in a large box, and a trunk. They were
sent here by Mr. Ast during my absence in Holland. When they arrived
at the gates of Paris, the officers of the customs opened the trunk, to
see whether it contained dutiable articles; but finding only books and
papers, they concluded the contents of the box to be of the same nature,
and did not open that. You receive it, therefore, as it came from the
hands of Mr. Ast. A small trunk, which came as a third package from Mr.
Ast, and which has never been opened, I have put into the great trunk,
without displacing, or ever having touched a single paper, except as far
as was necessary, to make room for that. I shall have the whole corded and
plumbed by the Custom house here, not only to prevent their being opened
at the Custom houses on the road, and at the port of exportation, but to
prove to you, whether they shall have been opened by anybody else, after
going out of my hands. If the stamped leads are entire, and the cords
uncut, when you receive them, you will be sure they have not been opened;
they will be wrapt in oil cloth here, to guard them against the damps of
the sea, and as I mentioned before, Mr. Vannet will put them under another
covering, if he finds it necessary, at Havre.
At the same time with your last letter, I received from the office of
Foreign Affairs, the ratification by Congress of the loan of 1788, for
another million of guilders. As the necessity of this loan resulted from
the estimate made by Mr. Adams and myself, which estimate was laid before
Congress, I suppose their ratification of the loan, implies that of the
estimate. One article of this was for the redemption of our captives at
Algiers. Though your letter says nothing on this subject, I am in hopes
you have sent orders to the commissioners of the loans at Amsterdam, to
furnish, as soon as they shall have it, what may be necessary for this
pressing call. So also for the foreign officers. If the ratification of
the loan has been made by Congress, with a view to fulfil the objects
of the estimate, a general order from you to the commissioners of the
loans at Amsterdam, to pay the moneys from time to time, according to
that estimate, or to such other as you shall furnish them with, might
save the trouble of particular orders on every single occasion, and the
disappointments arising from the delay or miscarriage of such orders; but
it is for you to decide on this.
I have the honor to be, with sentiments of the most perfect respect,
Gentlemen, your most obedient, and most humble servant.
TO MR. RUTLEDGE.
PARIS, September 9, 1788.
DEAR SIR,--I have duly received your favors of August 30th and September
4th. The animal, whose skin you saw here, is called the Moose. Monsieur
de Buffon had well known it by name; but he has supposed it to be the
same as the Rennedeer of Lapland, in his history. Being satisfied myself
that it was a different animal, I asked the favor of General Sullivan
to have one killed for me, and to send me the skin and skeleton. This is
what you saw, it is found only eastward of the Hudson river. M. de Buffon
describes the Renne to be about three feet high, and truly, the Moose you
saw here was seven feet high, and there are some of them ten feet high.
The experiment was expensive to me, having cost me hunting, curing, and
transporting, sixty guineas. The animal whose enormous bones are found
on the Ohio, is supposed by M. de Buffon and M. Daubenton to have been an
Elephant. Dr. Hunter demonstrated it not to have been an Elephant. Similar
bones are found in Siberia, where it is called the Mammoth. The Indians
of America say it still exists very far north in our continent. I suppose
there is no such thing at Geneva as a copy of my notes on Virginia, or
you might see the subject treated there somewhat at length, as also some
short notice of the Moose. I am glad to hear you have been so happy as
to become acquainted with M. de Saussure. He is certainly one of the
best philosophers of the present age. Cautious in not letting his assent
run before his evidence, he possesses the wisdom which so few possess of
preferring ignorance to error. The contrary disposition in those who call
themselves philosophers in this country classes them in fact with the
writers of romance. You have heard that Virginia has acceded to the new
Constitution. New York has done the same by a majority of five. No news
from North Carolina. Congress were proceeding early in July to put the new
government into motion, probably it will be December or January before the
new Legislature is assembled. Were I to trouble Mr. Shippen with a letter,
I could only repeat the same things over again. Be so good as to say this
to him, to deliver him the enclosed letter with my friendly compliments,
and to accept yourself assurances of the esteem with which I am, dear Sir,
your most obedient humble servant.
TO MR. CUTTING.
PARIS, September 9, 1788.
DEAR SIR,--Your favor of the 6th instant is just come to hand. To answer
your quotations from the English papers by reversing every proposition,
would be to give you the literal truth, but it would be tedious. To lump
it by saying every tittle is false, would be just but unsatisfactory.
I will take the middle course, and give you a summary of political
information as far as possessed here on tolerably sure grounds. On the
Baltic nothing of note since the first great action. That was pretty equal
in loss, but rather favorable to the Russians in appearance, because
they kept the field while the Swedes retired into port. Since that the
Swedes have had a sixty-four gun ship, the Gustavus Adolphus, run ashore
and burnt, and the crew captured by the Russians. Their fleet is rather
confined within port, I believe we may say blocked up, by Admiral Greigh.
On land there has been nothing but a petite guerre. The Swedes have failed
in every enterprise. There is considerable discontent in the Swedish
Senate and nation, because the King, contrary to their constitution, has
commenced an _offensive war_ without consulting the Senate. On the Black
Sea nothing has happened since the first victory obtained by the Prince of
Nassau and Paul Jones, and the second and third by the Prince of Nassau.
The Captain Pacha has thrown himself into Oczakow, made a sortie, and
considerably discomfitted the Russians. The particulars not known; but
the siege continues. The Emperor's army has suffered much by sickness
and desertion, but more by imbecility. He has certainly let a campaign
pass over without doing anything. Denmark has notified Sweden and the
other courts that she will furnish the stipulated aid to Russia. England
and Prussia have offered their mediation, and Denmark is endeavoring to
counterpoise their interference by getting this court to offer to join in
the mediation. The ministerial revolution here is the Archbishop of Sens,
and Mr. Lambert, gone out, and Mr. Neckar come in, in lieu of the last;
nobody will succeed the former, that is to say there will be no premier.
Probably M. de Brienne, minister of war, will go out, as his brother is
out; and it may be doubted whether M. de Lamorignon will not also go.
He is Garde de Sceaux, as you know; there is no present appearance of
any other change. A bed of justice will be held within a few days to
revoke all that was done in that of the 8th of May, and to recall the
parliaments. The States General will be called in January, probably.
The two camps of twenty-five thousand men each, in the north of France,
are now assembling. They are commanded by the Prince of Condé and Duke
de Broglio. This is the sum of affairs as far as can be affirmed with
certainty. If anything remarkable still turns up before your departure,
I will do myself the pleasure of writing to you. I am, with great esteem,
dear Sir, your most obedient humble servant.
TO THE COUNT DE MONTMORIN.
PARIS, September 11, 1788.
SIR,--In the course of the last war, the house of Schweighauser and
Dobrée, of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin
a demand against the United States of America. He, being acquainted with
the circumstances of the demand, and knowing it to be unfounded, refused
to pay it. They thereupon procured seizure, by judiciary authority,
of certain arms and other military stores which we had purchased in
this country, and had deposited for embarkation at Nantes; and these
stores have remained in that position ever since. Congress have lately
instructed me to put an end to this matter. Unwilling to trouble your
Excellency, whenever it can be avoided, I proposed to the parties to
have the question decided by abitrators, to be chosen by us jointly. They
have refused it, as you will see by their answers to my letters, copies
of both which I have the honor to enclose you. I presume it to be well
settled in practice, that the property of one sovereign is not permitted
to be seized within the dominions of another; and that this practice is
founded not only in mutual respect, but in mutual utility. To what the
contrary practice would lead, is evident in the present case, wherein
military stores have been stopped, in the course of a war, in which our
greatest difficulties proceeded from the want of military stores. In their
letter too, they make a merit of not having seized one of our ships of
war, and certainly, the principle which admits the seizure of arms, would
admit that of a whole fleet, and would often furnish an enemy the easiest
means of defeating an expedition. The parties obliging me, then, to have
recourse to your Excellency on this occasion, I am under the necessity
of asking an order from you, for the immediate delivery of the stores and
other property of the United States, at Nantes, detained by the house of
Schweighauser and Dobrée, and that of Puchilberg, or by either of them,
under a pretence of a judicial seizure.
I have the honor to be, with sentiments of the most perfect respect and
esteem, your Excellency's most obedient, and most humble servant.
TO M. DE REYNEVAL.
PARIS, September 16, 1788.
SIR,--I have the honor now to enclose you my observations on the
alteration proposed in the consular convention. There remain only three
articles of those heretofore in question between us, to which I am
unable to agree; that is to say, the second, proposing still to retain
personal immunities for the consuls, and others attached to their office;
the eighth, proposing that the navigation code of each nation, shall be
established in the territories of the other; and the ninth, insisting that
the ship's roll shall be conclusive evidence, that a person belongs to the
ship.
There are several new matters introduced into the draught; some of
these are agreed to; others cannot be admitted, as being contrary to the
same principles which had obliged me to disagree to some of the former
articles. The greatest part of the eleventh, and the whole of the twelfth
new articles, are in this predicament. They propose, that no person shall
be arrested on board a merchant vessel, for any cause, but in presence of
the consul; that no such vessel shall be visited, but in his presence; and
that when the officers of justice have reason to believe that a criminal
has taken refuge on board a vessel of war, the captain's word shall be
conclusive evidence that he is not there.
To the objections which I had the honor of stating in my letter to his
Excellency, the Count de Montmorin, I have now that of adding some other
observations, of which I request your perusal. I enclose with them a
draught, on the basis of the one you were pleased to give me, altered so
as to reconcile it to the spirit of our laws.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO THE MARQUIS DE LA ROUERIE.
PARIS, September 16, 1788.
SIR,--On receiving the first letters which you did me the honor to write
to me, on the arrears due to you from the United States, I informed you
that I had nothing to do in the money department; that the subject of
your letters belonged altogether to the treasury board, and to Mr. Grand,
their banker here, to the former of whom I forwarded your letters. As
I felt an anxiety, however, that the foreign officers should be paid, I
took the liberty of pressing the treasury board, from time to time, to
exert themselves for that effect; and I availed myself of an opportunity
which occurred last spring, of setting on foot measures, which, with their
approbation, might furnish the means of effecting this payment. So far
my information to you went, and I added a supposition, that the treasury
board would probably give orders on the subject, in the course of the
month of July. But I made you no promise; it would have been strange if I
had; nor does my office, nor anything I have ever said or done, subject me
to the demand of immediate payment, which you are pleased to make on me,
nor call on me for any declaration or answer, positive or negative.
Finding that my interference, which was friendly only, and avowed to
be inofficial, has given occasion to your letter of yesterday, in a
style which I did not expect, and to which I can have no motive for
further exposing myself, I must take the liberty of desiring that the
correspondence between us on this subject, may cease. I presume that the
certificate given you, points out the person, here or elsewhere, to whom
your applications are to be made, and that he will inform you when he
receives orders on your subject. I am, Sir, your humble servant.
TO WILLIAM SHORT.
PARIS, September 20, 1788.
DEAR SIR,--The evening of your departure, a letter came by the way of
London and New York, addressed to you, and probably from Virginia. I think
you wished your American letters to remain here; I shall therefore keep
it. The passport now enclosed, came the day after your departure; so also
did a mass of American letters for me, as low down as August the 10th.
I shall give you their substance. The convention of Virginia annexed to
their ratification of the new Constitution a copy of the State declaration
of rights, not by way of condition, but to announce their attachment
to them. They added, also, propositions for specific alterations of the
Constitution. Among these was one for rendering the President incapable
of serving more than eight years, in any term of sixteen. New York has
followed the example of Virginia, expressing the substance of her bill of
rights, (that is Virginia's,) and proposing amendments: these last differ
much from those of Virginia; but they concur as to the President, only
proposing that he shall be incapable of being elected more than twice. But
I own I should like better than either of these what Luther Martin tells
us was repeatedly voted and adhered to by the federal convention, and only
altered about twelve days before their rising, when some members had gone
off; to wit, that he should be elected for seven years, and incapable for
ever after. But New York has taken another step, which gives uneasiness;
she has written a circular letter to all the legislatures, asking their
concurrence in an immediate convention for making amendments. No news
yet from North Carolina. Electors are to be chosen the first Wednesday
in January; the President to be elected the first Wednesday in February;
the new legislature to meet the first week in March: the place is not yet
decided on. Philadelphia was first proposed, and had six and a half votes;
the half vote was Delaware, one of whose members wanted to take a vote
on Wilmington; then Baltimore was proposed and carried, and afterwards
rescinded, so that the matter stood open as ever on the 10th of August;
but it was allowed the dispute lay only between New York and Philadelphia,
and rather thought in favor of the last. The Rhode Island delegates had
retired from Congress. Dr. Franklin was dangerously ill of the gout and
stone on the 21st of July. My letters of August the 10th not mentioning
him, I hope he was recovered. Warville, &c. were arrived. Congress had
referred the decision, as to the independence of Kentucky, to the new
government. Brown ascribes this to the jealousy of the northern States,
who want Vermont to be received at the same time, in order to preserve a
balance of interests in Congress. He was just setting out for Kentucky,
disgusted, yet disposed to persuade to an acquiescence, though doubting
they would immediately separate from the Union. The principal obstacle to
this, he thought, would be the Indian war.
The following is a quotation from a letter from Virginia, dated July the
12th. "P----n, though much impaired in health, and in every respect in
the decline of life, showed as much zeal to carry the new Constitution
as if he had been a young man; perhaps more than he discovered, in the
commencement of the late revolution, in his opposition to Great Britain.
W----e acted as chairman to the committee of the whole, and, of course,
took but little part in the debate; but was for the adoption, relying on
subsequent amendments. B----r said nothing, but was for it. The G----r
exhibited a curious spectacle to view. Having refused to sign the paper,
everybody supposed him against it; but he afterwards had written a letter,
and having taken a part, which might be called rather vehement than
active, he was constantly laboring to show that his present conduct was
consistent with that letter, and that letter with his refusal to sign.
M--d--n took the principal share in the debate for it; in which, together
with the aid I have already mentioned, he was somewhat assisted by
I--nn--s, Lee, M----l, C----n and G. N----s. M--s--n. H----y and Gr----n,
were the principal supporters of the opposition. The discussion, as might
be expected, where the parties were so nearly on a balance, was conducted
generally with great order, propriety and respect of either party to the
other."
The assembly of Virginia, hurried to their harvests, would not enter into
a discussion of the district bill, but suspended it to the next session.
E. Winston is appointed a judge, vice Gabriel Jones resigned. R. Goode
and Andrew Moore, Counsellors, vice B. Starke dead, and Joseph Egglestone
resigned. It is said Wilson, of Philadelphia, is talked of, to succeed Mr.
A. in London. _Quære?_
The dispute about Virgil's tomb and the laurel, seems to be at length
settled by the testimony of two travellers, given separately, and without
a communication with each other. These both say, that attempting to
pluck off a branch of the laurel, it followed their hand, being, in
fact, nothing more than a plant or bough, recently cut and stuck in the
ground for the occasion. The Cicerone acknowledged the roguery, and said
they practised it with almost every traveller to get money. You will, of
course, tug well at the laurel which shall be shown you, to see if this be
the true solution.
The President Dupaty is dead. Monsieur de Barentin, _premier president de
la cour des aides_, is appointed Garde des Sceaux. The stocks are rather
lower than when you left this. Present me in the most friendly terms to
Messrs. Shippen and Rutledge. I rely on your communicating to them the
news, and therefore on their pardoning me for not repeating it in separate
letters to them. You can satisfy them how necessary this economy of my
time and labor is. This goes to Geneva, _poste restante_. I shall not
write again till you tell me where to write to.
Accept very sincere assurances of the affection with which I am, dear Sir,
your friend and servant.
TO JOHN JAY.
PARIS, September 24, 1788.
SIR,--Understanding that the vessel is not yet sailed from Havre, which
is to carry my letters of the 3d and 5th instant, I am in hopes you will
receive the present with them. The Russian accounts of their victories on
the Black Sea, must have been greatly exaggerated. According to these,
the Captain Pacha's fleet was annihilated; yet themselves have lately
brought him on the stage again, with fifteen ships of the line, in order
to obtain another victory over him. I believe the truth to be that he
has suffered some checks, of what magnitude it is impossible to say where
one side alone is heard, and that he is still master of that sea. He has
relieved Oczakow, which still holds out; Choczim also is still untaken,
and the Emperor's situation is apprehended to be bad. He spun his army
into a long cord, to cover several hundred miles of frontier, which put
it in the power of the Turks to attack with their whole force wherever
they pleased. Laudon, now called to head the imperial army, is endeavoring
to collect it; but in the meantime the campaign is drawing to a close,
and has been worse than fruitless. The resistance of Russia to Sweden,
has been successful in every point, by sea and land. This, with the
interference of Denmark, and the discontent of the Swedish nation, at the
breach of their constitution, by the King's undertaking an offensive war,
without the consent of the Senate, has obliged him to withdraw his attacks
by land, and to express a willingness for peace; one-third of his officers
have refused to serve. England and Prussia have offered their mediation
between Sweden and Russia, in such equivocal terms, as to leave themselves
at liberty to say it was an offer, or was not, just as it shall suit
them. Denmark is asking the counter-offer of mediation from this court. If
England and Prussia make a peace effectually in the north, (which it is
absolutely in their power to do,) it will be a proof they do not intend
to enter into the war; if they do not impose a peace, I should suspect
they mean to engage themselves; as one can hardly suppose they would let
the war go on in its present form, wherein Sweden must be crushed between
Russia and Denmark.
The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant,
and M. de Barentin is appointed in his room. The deputies of Bretagne are
released from the Bastile, and M. d'Epermesnil and M. Sabatier recalled
from their confinement. The parliament is not yet reinstated; but it is
confidently said it will be this week. The stocks continue low, and the
treasury under a hard struggle to keep the government in motion. It is
believed the meeting of the States General will be as early as January,
perhaps December. I have received a duplicate of the ratification of the
loan of 1788, by Congress, and a duplicate of a letter of July the 22d,
from the treasury board, on another subject, but none on that of the
captives or foreign officers. I suppose some cause of delay must have
intervened between the ratification of Congress, and the consequent orders
of the Treasury Board. I have the honor to be, with sentiments of the
most perfect esteem and respect, Sir, your most obedient, and most humble
servant.
TO MR. SHIPPEN.
PARIS, September 29, 1788.
DEAR SIR,--Your favor of the 22d is just received. My occupations obliging
me to economize my time and labor, where it can be done, I have, since
your departure, addressed either yourself or Mr. Rutledge singly, hoping
your goodness would excuse my writing to either for both. In like manner,
I have lately written to Mr. Short for all three. I now take the liberty
of addressing you for the triumvirate. No news yet from North Carolina;
but in such a case no news is good news, as an unfavorable decision of the
12th State would have flown like an electrical shock through America and
Europe. A letter from Governor Rutledge of August 10th, says nothing of
North Carolina; this silence is a proof that all was well. That convention
was to meet July 23d, and not July 4th, as we had been told. A dispute
is excited in Philadelphia which is likely to make a noise. Oswald, the
printer, being sued, published something in his own paper relative to the
cause. It was construed by the judges a contempt of the court. They made a
rule against him to show cause why he should not be attached. He appeared,
the attachment was awarded, and he called on to answer interrogatories.
He refused to answer interrogatories. The court gave him till next
morning to consider. He appeared then, and still refused. By that time,
however, it would seem as if the court themselves had considered better
of it, for their counsel (I suspect it was W----n), declared it was never
the intention of the court to compel him to answer interrogatories,
and accordingly, without proposing any, or hearing his counsel, they
committed him to prison for one month, and fined him ten pounds. Hereupon
petitions were signed, one to the Executive to pardon Oswald, the other
to the Legislature to punish the judges. The news of this country since
my letter to Mr. Short, is that the Bretagne deputies are recalled from
the Bastile, and d'Epermesnil and Sabatier from their prisons; the etats
genereaux are to meet in the course of January, the court keeping the
day of the month still in reserve; the parliament has returned to its
functions by permission. Their first arreté has been to demand the etats
genereaux in the form of 1614. Here the cloven hoof begins to appear.
While the existence of parliament itself was endangered by the royal
authority, they were calling for the etats genereaux; now they obtained
a kind of victory, they see danger to themselves from those very etats
genereaux, and determine to have them in a form which will neither merit
nor command the confidence of the nation, or to prepare a ground for
combatting their authority if they should be well-composed, and should
propose a reformation of the parliaments. I will, immediately, according
to the desire you are pleased to express, send a French copy of the notes
on Virginia to the Syndic Cayla. M. Tronchin goes there himself this week.
I am very sorry you are obliged to abridge your tour. With respect to your
route from Milan to London, on which you were pleased to consult me, I
would certainly prefer Genoa, thence along the coast to Nice, (absolutely
by land, in defiance of all the persuasions you will be exposed to go
by water,) thence to Toulon and Marseilles. There it will depend on your
time, whether you will go by Nismes, the canal of Languedoc (in the post
boat), Bordeaux, Paris and Calais, or whether you must come on directly
from Marseilles to Paris and Calais. But even in the latter case, make the
small deviation to Nismes, to see the most perfect remains of antiquity
which exist on earth. My absence from Paris becomes more doubtful than it
was. I had hoped to go to Champagne to see the vintage. I am not certain
now that my business will permit it in every case; letters sent to me here
will be properly forwarded. Present my affectionate regards to your two
travelling companions, and be assured of the esteem and attachment with
which I am sincerely, dear Sir, your affectionate friend and servant.
TO M. DE REYNEVAL.
PARIS, October 1, 1788.
SIR,--I have now the honor of enclosing to you a copy of the letter of
September the 16th, which I had that of writing to his Excellency the
Count de Montmorin, with the papers therein referred to, and of soliciting
the order I have asked for. The originals were sent at the date before
mentioned. Notwithstanding the refusal of the houses of Schweighauser
and Dobrée, and of Puchilberg, to settle their claim against the United
States by arbitration, as I proposed to them, the United States will still
be ready to do them justice. But those houses must first retire from the
only two propositions they have ever yet made, to wit, either a payment of
their demand without discussion, or a discussion before the tribunals of
the country. In the meantime, I shall hope an acknowledgment with respect
to us, of the principle which holds as to other nations; that our public
property here, cannot be seized by the territorial judge. It is the more
interesting to us, as we shall be more and longer exposed than other
nations, to draw arms and military stores from Europe. Our preference
of this country, has occasioned us to draw them from hence alone, since
the peace; and the friendship we have constantly experienced from the
government, will, we doubt not, on this and every other occasion, insure
to us the protection of what we purchase. I have the honor to be, Sir,
your friend and servant.
TO MR. CUTTING.
PARIS, Oct. 2, 1788.
DEAR SIR,--I am now to acknowledge the receipt of your favors of the 16th
and 23d ultimo, and to thank you for the intelligence they conveyed. That
respecting the case of the interrogatories in Pennsylvania, ought to make
a noise. So evident a heresy in the common law, ought not to be tolerated
on the authority of two or three civilians, who happened, unfortunately,
to make authority in the courts of England. I hold it essential, in
America, to forbid that any English decision which has happened since the
accession of Lord Mansfield to the bench, should ever be cited in a court;
because, though there have come many good ones from him, yet there is so
much sly poison instilled into a great part of them, that it is better to
proscribe the whole. Can you inform me what has been done by England, on
the subject of our wheat and flour? The papers say it is prohibited, even
in Hanover. How do their whale fisheries turn out this year? I hope a deep
wound will be given them in that article, soon, and such as will leave us
in no danger from their competition.
I am, with very great esteem, dear Sir, your most obedient humble servant.
TO HIS EXCELLENCY THE COUNT DE MONTMORIN.
PARIS, October 23, 1788.
SIR,--I take the liberty of troubling your Excellency on the subject of
the _Arret_ which has lately appeared for prohibiting the importation
of whale oil and spermaceti, the produce of foreign fisheries. This
prohibition being expressed in general terms, seems to exclude the whale
oils of the United States of America, as well as of the nations of Europe.
The uniform disposition, however, which his majesty and his ministers
have shown to promote the commerce between France and the United States,
by encouraging our productions to come hither, and particularly those of
our fisheries, induces me to hope that these were not within their view
at the passing of this _Arret_. I am led the more into this opinion, when
I recollect the assiduity employed for several months, in the year 1785,
by the committee appointed by government to investigate the objects of
commerce of the two countries, and to report the encouragement of which
it was susceptible. The result of that investigation, which his Majesty's
Comptroller General did me the honor to communicate in a letter of the
22d of October, 1786, stating therein the principles which should be
established for the future regulation of that commerce, and particularly
distinguishing the article of whale oils by an abatement of the duties on
them for the present, and a promise of farther abatement after the year
1790. The thorough re-investigation with which Monsieur de Lambert honored
this subject, when the letter of 1786 was to be put into the form of an
_Arret_, that _Arret_ itself bearing date the 29th of December last, which
ultimately confirmed the abatement of duty, present and future, and Hord
declared that his Majesty reserved himself to grant other favors to that
production, if, on further information, he shall find it for the interest
of the two nations;--and finally, the letter in which M. Lambert did me
the honor to enclose the _Arret_, and to assure me that the duties which
had been levied on our whale oils contrary to the intention of our letter
of 1786, should be restored. On a review of all these circumstances, I
cannot but presume that it has not been intended to reverse in a moment
views so maturely digested and uniformly pursued; and that the general
expressions of the _Arret_ of September the 28th, had within their
contemplation the nations of Europe only. This presumption is further
strengthened by having observed that in the treaties of commerce, made
since the epoch of our independence, the _jura gentis amici_ form conceded
to other nations, are expressly restrained to those of the most favored
European nations: his Majesty wisely foreseeing that it would be expedient
to regulate the commerce of a nation, which brings nothing but raw
materials to employ the industry of his subjects, very differently from
that of the European nations, who bring mostly what has already passed
through all the stages of manufacture. On these considerations, I take the
liberty of asking information from your Excellency as to the intent of the
late _Arret_; and if I have not been mistaken in supposing it did not mean
to abridge that of December 29th, I would solicit an explanatory _Arret_,
to prevent the misconstructions of it which will otherwise take place.
It is much to be desired, too, that this explanation could be given as
soon as possible, in order that it may be handed out with the _Arret_ of
September 28th. Great alarm will otherwise be spread among the merchants
and adventurers in the fisheries; who, confiding in the stability of
regulations, which his Majesty's wisdom had so long and well matured,
have embarked their fortunes in speculations in this branch of business.
The importance of the subject to one of the principal members of our
Union, induces me to attend with great anxiety a re-assurance from your
Excellency that no change has taken place in his Majesty's views on this
subject; and that his dispositions to multiply, rather than diminish the
combinations of interest between the two people, continue unaltered.
Commerce is slow in changing its channel. That between this country
and the United States is as yet but beginning, and this beginning has
received some checks. The _Arret_ in question would be a considerable one,
without the explanations I have the honor to ask. I am persuaded that
a continuation of the dispositions which have been hitherto manifested
towards us, will ensure effects, political and commercial, of value to
both nations.
I have had too many proofs of the friendly interest your Excellency is
pleased to take in whatever may strengthen the bands and connect the views
of the two countries, to doubt your patronage of the present application,
or to pretermit any occasion of repeating assurances of those sentiments
of high respect and esteem with which I have the honor to be, your
Excellency's most obedient, and most humble servant.
TO MR. SHORT.
PARIS, November 2, 1788.
DEAR SIR,-- * * * * *
Our news from America is to the beginning of October. Pennsylvania
had elected its two Senators for the new government, Robert Morris
and a Mr. McCay. Morris had an arrival from China worth £150,000. An
ill-understanding between Mr. Adams and Mr. Hancock, both proposed as
Vice-Presidents, and every State likely to bring forward a candidate of
their own, in which case, you know, the Senate will choose from among
those possessing the greatest number of votes, if there be an equality
of votes. A general hail storm about the 26th of August has done great
mischief from New Hampshire to Virginia. It occasioned the price of
tobacco there immediately to rise to 30s. The King of England has for
some time been at death's door. His disease is dropsical, tending to
the head. A perpetual delirium, with rare and doubtful lucid intervals,
makes it strongly believed to be a regular hydrocephalus, in which case
the skilful pronounce either his death or insanity. The parliament was
to meet yesterday on its prorogation, and it was under contemplation
that they should establish a regency. Here, the Notables are in session,
but they have deservedly lost their popularity. It is evident that the
court wishes to give to the _tiers etat_ a double number of votes. The
bureau of Monsieur voted this by a majority of one voice only. The other
bureau rejected it almost unanimously. There is a great outcry against
this, and the friends of the people and of justice will try the question
over again in an assembly of all the bureaux--but there seem no hopes
of success. This is the first event which has shown that there will be
a combination of the nobles and clergy, and consequently it will throw
the people decidedly into the scale of the King. This may end in liberty
or despotism, at his will. I think that both he and his ministry are in
favor of liberty, and that having twenty-three millions and a half of the
people on their side, they will call the other half million to order, and
show them that instead of being two thirds of the nation, they are but the
forty-eighth.
TO MR. CUTTING.
PARIS, November 3, 1788.
DEAR SIR,--I have now the honor to acknowledge your favors of the 30th of
September, 5th, 6th, 7th and 17th of October, which I should have done
sooner, but that there was no new occurrence well ascertained and worth
communicating. I think it now pretty certain that an alliance is entered
into between England, Prussia, and Sweden, to which Holland is to accede,
so as to make it quadruple. The Prussian army is on its march towards
Holstein, under the command of Prince Frederick of Brunswick; a poor head.
There is also said to be an army of 60,000 Prussians in Silesia, ready
to overawe Poland, should it take side with Russia. Of this last fact,
however, I am not sure. It would seem, then, as if Prussia meant to enter
into the war, or is it only to induce Denmark to withdraw and leave Russia
and Sweden to fight their own battles? If it does not produce this effect,
will England lie by, and only engage in case France should move? These
are points uncertain as yet. One thing is certain: that this country will
make no move which may engage her in war, till after her _Etats Genereux_.
The Notables meet on Thursday next, to decide on the form of composing
and calling the _Etats Genereux_. What will be their form, cannot yet
be foreseen; much less what they will do. They will undoubtedly give
money to the government, but probably for a short time, and make it the
price of some concessions from the King for limiting his own rights, and
enlarging those of the nation. They will surely provide for the regular
convocation of the States General in future. Other things talked of, are
a bill of rights, habeas corpus civil list, and a negative at least on
legislative acts. The kingdom has been in the most perfect tranquillity
since the announcing the States General for January. I doubt, however, the
possibility of convoking them so soon.
Prince Henry of Russia arrived here the day before yesterday. Remarkable
deaths are the Marshal de Biron and Marquis de Chastellux.
Nobody wishes more sincerely than I do to see the States, individually
as well as collectively, extricate themselves from their debts. But
having, in the letters I formerly gave you for South Carolina, said as
much on that subject as prudence would permit me, I am afraid to add
anything more. I thank you for your information on the subject of the
whale fishery. After the hint I gave you, you would not expect to see the
_Arret_ of September 26th. I cannot now explain it to you, nor tell you
with certainty in what form it will finally rest as to us. I am, with very
great esteem, dear Sir, your most obedient humble servant.
TO MR. DUMAS.
PARIS, November 3, 1788.
DEAR SIR,--I have duly received your favors of the 10th and 23d of
October, and sincerely sympathize with you in your sufferings, without
being able to relieve them. Nor can I even conjecture what Congress will
decide as to the Brussels proposition. I should be puzzled myself to
suggest anything better at this moment.
You have doubtless heard that North Carolina has thought it best to
propose amendments to the new Constitution before acceding to it. She has
no disposition to separate from the Union, even if no amendments be made,
as she has not come to a negative decision, but left the matter open. So
many States have desired alterations, that I suppose those will be made
in which almost all have agreed. A bill of rights will comprehend most of
them. In the meantime, the new government will go on.
The Notables meet at Versailles the day after to-morrow, to decide on
the composition and convocation of the States General. Till the States
shall meet, this country will probably not take any measure which may
engage it in a war. In the meantime, the King of Prussia seems itching
to be engaged. He calculates only on the torpitude of the present moment
in which France is: he does not seem to take into account the difference
between his head and the late King's. This may be equal, perhaps, to half
his army. I have the honor to be, with great esteem and attachment, dear
Sir, your most obedient humble servant.
TO JOHN JAY.
PARIS, November 14, 1788.
SIR,--In my letter of December the 21st, 1787, I had the honor of
acknowledging the receipt of your two favors of July the 27th, 1787,
which had come to my hands December the 19th, and brought with them
my full powers for treating on the subject of the consular convention.
Being then much engaged in getting forward the _Arret_ which came out
on the 29th of December, and willing to leave some interval between
that act and the solicitation of a reconsideration of our consular
convention, I had declined mentioning it, for some time, and was just
about to bring it on the carpet, when it became necessary for me to
go to Amsterdam. Immediately after my return, which was about the last
of April, I introduced the subject to the Count de Montmorin, and have
followed it unremittingly, from that time. The office of Marine, as well
as that of Foreign Affairs, being to be consulted in all the stages of
the negotiation, has protracted its conclusion till this time; it is at
length signed this day, and I have now the honor to enclose the original,
for the ratification of Congress. The principal changes effected are the
following:
The clauses of the Convention of 1784, clothing consuls with privileges of
the law of nations, are struck out, and they are expressly subjected, in
their persons and property, to the laws of the land.
That giving the right of sanctuary to their houses, is reduced to a
protection of their chancery room and its papers.
Their coercive powers over passengers are taken away; and over those,
whom they might have termed deserters of their nation, are restrained to
deserted seamen only.
The clause, allowing them to arrest and send back vessels, is struck out,
and instead of it, they are allowed to exercise a police over the ships of
their nation generally.
So is that, which declared the indelibility of the character of the
subject, and the explanation and extension of the eleventh article of the
treaty of amity.
The innovations in the laws of evidence are done away; and the convention
is limited to twelve years' duration. Convinced that the fewer examples,
the better, of either persons or causes unamenable to the laws of the
land, I could have wished still more had been done; but more could not be
done, with good humor. The extensions of authority given by the convention
of 1784, were so homogeneous with the spirit of this government, that they
were prized here. Monsieur de Reyneval has had the principal charge of
arranging this instrument with me; and, in justice to him, I must say, I
could not have desired more reasonable and friendly dispositions, than he
demonstrated through the whole of it.
I enclose herewith, the several schemes successively proposed between us,
together with the copies of the written observations given in with them,
and which served as texts of discussion, in our personal conferences. They
may serve as a commentary on any passage which may need it, either now
or hereafter, and as a history how any particular passage comes to stand
as it does. No. 1, is the convention of 1784. No. 2, is my first scheme.
No. 3, theirs in answer to it. No. 4, my next, which brought us so near
together, that, in a conference on that, we arranged it in the form in
which it has been signed. I add No. 5, the copy of a translation which I
have put into their hands, with a request, that if they find any passages
in which the sense of the original is not faithfully rendered, they
will point them out to me; otherwise, we may consider it as having their
approbation. This, and the convention of 1784 (marked No. 1), are placed
side by side, so as to present to the eye, with less trouble, the changes
made; and I enclose a number of printed copies of them, for the use of the
members, who will have to decide on the ratification. It is desirable that
the ratification should be sent here for exchange, as soon as possible.
With respect to the consular appointments, it is a duty on me to add
some observations, which my situation here has enabled me to make. I
think it was in the spring of 1784, that Congress (harassed by multiplied
applications from foreigners, of whom nothing was known but on their
own information, or on that of others as unknown as themselves) came to
a resolution, that the interest of America would not permit the naming
any person not a citizen, to the office of consul, vice-consul, agent or
commissary. This was intended as a general answer to that swarm of foreign
pretenders. It appears to me, that it will be best, still to preserve a
part of this regulation. _Native_ citizens, on several valuable accounts,
are preferable to aliens, and to citizens alien-born. They possess
our language, know our laws, customs, and commerce; have, generally,
acquaintance in the United States; give better satisfaction, and are
more to be relied on, in point of fidelity. Their disadvantages are, an
imperfect acquaintance with the language of this country, and an ignorance
of the organization of its judicial and executive powers, and consequent
awkwardness, whenever application to either of these is necessary, as
it frequently is. But it happens, that in some of the principal ports
of France, there is not a single American (as in Marseilles, L'Orient,
and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux
only, are there two or three. Fortunately for the present moment, most
of these are worthy of appointments. But we should look forward to future
times, when there may happen to be no native citizens in a port, but such
as, being bankrupt, have taken asylum in France from their creditors, or
young ephemeral adventurers in commerce, without substance or conduct,
or other descriptions, which might disgrace the consular office, without
protecting our commerce. To avail ourselves of our good _native citizens_,
when we have one in a port, and when there are none, to have yet some
person to attend to our affairs, it appears to me advisable, to declare,
by a standing law, that no person but a native citizen shall be capable
of the office of _consul_, and that the consul's presence in his port
should suspend, for the time, the functions of the vice-consul. This is
the rule of 1784, restrained to the office of _consul_, and to _native_
citizens. The establishing this, by a standing law, will guard against
the effect of particular applications, and will shut the door against such
applications, which will otherwise be numerous. This done, the office of
vice-consul may be given to the best subject in the port, whether citizen
or alien, and that of consul be kept open for any native citizen of
superior qualifications, who might come afterwards to establish himself
in the port. The functions of the vice-consul would become dormant during
the presence of his principal, come into activity again on his departure,
and thus spare us and them, the painful operation of revoking and reviving
their commissions perpetually. Add to this, that during the presence of
the consul, the vice-consul would not be merely useless, but would be a
valuable counsellor to his principal, new in the office, the language,
laws and customs of the country. Every consul and vice-consul should be
restrained in his jurisdiction, to the port for which he is named, and the
territory nearer to that than to any other consular or vice consular port,
and no idea be permitted to arise, that the grade of consul gives a right
to any authority whatever over a vice-consul, or draws on any dependence.
* * * * *
It is now proper I should give some account of the state of our dispute
with Schweighauser and Dobrée. In the conversation I had with Dobrée
at Nantes, he appeared to think so rationally on the subject, that I
thought there would be no difficulty in accommodating it with him, and
I wished rather to settle it by accommodation, than to apply to the
minister. I afterwards had it intimated to him, through the medium of Mr.
Carnes, that I had it in idea, to propose a reference to arbitrators. He
expressed a cheerful concurrence in it. I thereupon made the proposition
to him formally, by letter, mentioning particularly, that we would
choose our arbitrators of some neutral nation, and, of preference, from
among the Dutch refugees here. I was surprised to receive an answer
from him, wherein, after expressing his own readiness to accede to this
proposition, he added, that on consulting Mr. Puchilberg, he had declined
it; nevertheless, he wished a fuller explanation from me, as to the
subjects to be submitted to arbitration. I gave him that explanation,
and he answered finally, that Mr. Puchilberg refused all accommodation,
and insisted that the matter should be decided by the tribunals of the
country. Accommodation being at an end, I wrote to Monsieur de Montmorin,
and insisted on the usage of nations, which does not permit the effects of
one sovereign to be seized in the territories of another, and subjected
to judiciary decision there. I am promised that the stores shall be
delivered; but the necessary formalities will occasion some delay. The
King being authorized to call all causes before himself, ours will be
evoked from the tribunal where it is, and will be ended by an order to
deliver up the stores arrested, leaving it to the justice of Congress, to
do afterwards what is right, as to the demand of Schweighauser and Dobrée.
I wish I could receive instructions what to do with the stores, when
delivered. The arms had certainly better be sent to America, as they are
good, and yet will sell here for little or nothing. The gun stocks and old
iron had better be sold here; but what should be done with the anchors?
Being thoroughly persuaded that Congress wish that substantial justice
should be done to Schweighauser and Dobrée, I shall, after the stores are
secured, repeat my proposition of arbitration to them. If they then refuse
it, I shall return all the papers to America, and consider my powers for
settling this matter as at an end.
I have received no answer yet from Denmark, on the subject of the prizes;
nor do I know whether to ascribe this silence to an intention to evade
the demand, or to the multitude of affairs they have had on their hands
lately. Patience seems to be prudence in this case; to indispose them,
would do no good, and might do harm. I shall write again soon, if no
answer be received in the meantime.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
[The following is the translation of the convention referred to as No. 5,
in the preceding letter.]
_Convention between his most Christian Majesty and the United
States of America, for the purpose of defining and establishing
the functions and privileges of their respective Consuls and
vice-Consuls._
His Majesty the most Christian King, and the United States of America,
having, by the twenty-ninth article of the treaty of amity and commerce
concluded between them, mutually granted the liberty of having, in
their respective States and ports, Consuls, vice-Consuls, Agents and
Commissaries, and being willing, in consequence thereof, to define
and establish in a reciprocal and permanent manner, the functions
and privileges of Consuls and vice-Consuls, which they have judged it
convenient to establish of preference, his M. C. Majesty has nominated
the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and
Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in
all his Councils, Minister and Secretary of State, and of his Commandments
and Finances, having the department of foreign affairs, and the United
States have nominated Thomas Jefferson, of the United States of America,
and their Minister Plenipotentiary near the King, who after having
communicated to each other their respective full powers, have agreed on
what follows:
Article I. The Consuls and vice-Consuls named by the M. C. K. and the
United States, shall be bound to present their commissions according to
the forms which shall be established respectively by the M. C. K. within
his dominions, and by the Congress within the United States, there shall
be delivered to them, without any charges, the Exequatur necessary for
the exercise of their functions; and on exhibiting the said Exequatur,
the governors, commanders, heads of justice, bodies corporate, tribunals
and other officers having authority in the ports and places of their
consulates, shall cause them to enjoy immediately, and without difficulty,
the pre-eminences, authority and privileges, reciprocally granted, without
exacting from the said Consuls and vice-Consuls any fee under any pretext
whatever.
Article II. The Consuls and vice-Consuls, and persons attached to their
functions, that is to say, their chancellors and secretaries, shall
enjoy a full and entire immunity for their chancery and the papers which
shall be therein contained; they shall be exempt from all personal
service, from soldiers' billets, militia, watch, guard, guardianship,
trusteeship, as well as from all duties, taxes, impositions, and charges
whatsoever, except on the estate real and personal of which they may be
the proprietors or possessors, which shall be subject to the taxes imposed
on the estates of all other individuals; and in all other instances, they
shall be subject to the laws of the land, as the natives are.
Those of the said Consuls and vice-Consuls who shall exercise commerce,
shall be respectively subject to all taxes, charges and impositions
established on other merchants.
They shall place over the outward door of their house the arms of their
sovereign; but this mark of indication shall not give to the said house,
any privilege of asylum for any person or property whatsoever.
Article III. The respective Consuls and vice-Consuls may establish agents
in the different ports and places of their departments, where necessity
shall require. These agents may be chosen among the merchants, either
national or foreign, and furnished with a commission from one of the said
Consuls; they shall confine themselves respectively to the rendering to
their respective merchants, navigators, and vessels all possible service,
and to inform the nearest Consul of the wants of the said merchants,
navigators and vessels, without the said agents otherwise participating
in the immunities, rights and privileges attributed to Consuls and
vice-Consuls, and without power under any pretext whatever, to exact from
the said merchants any duty or emolument whatsoever.
Article IV. The Consuls and vice-Consuls respectively, may establish
a chancery, where shall be deposited the consular determinations, acts
and proceedings, as also testaments, obligations, contracts, and other
acts done by or between persons of their nation, and effects left by
descendents, or saved from shipwreck.
They may, consequently, appoint fit persons to act in the said chancery,
qualify and swear them in, commit to them the custody of the seal, and
authority to seal commissions, sentences and other consular acts, and also
to discharge the functions of notaries and registers of the consulate.