I send you a book of Dupont's, on the subject of the commercial treaty

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.

The Writings of Thomas Jefferson, Vol. 2 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 12 / 14 章