(_d_) By _Arret_ of 1788.
(_e_) By _Arret_ of 1760.
(_f_) Taken from the Custom House returns of the United States.
(_g_) There is a general law of France prohibiting foreign flour in
their islands, with a suspending power to their Governors, in cases of
necessity. An _Arret_ of May the 9th, 1789, by their Governor, makes it
free till August, 1794; and in fact it is generally free there.
(_h_) The _Arret_ of September the 18th, 1785, gave a premium of ten
livres the kental, on fish brought in their own bottoms, for five years,
so that the law expired September the 18th, 1790. Another _Arret_, passed
a week after, laid a duty of five livres the kental, on fish brought in
foreign vessels, to raise money for the premium before mentioned. The
last _Arret_ was not limited in time; yet seems to be understood as only
commensurate with the other. Accordingly, an _Arret_ of May the 9th, 1789,
has made fish in foreign bottoms liable to three livres the kental only
till August the 1st, 1794.
(_i_) The port charges are estimated from bills collected from the
merchants of Philadelphia. They are different in different ports of the
same country, and different in the same ports on vessels of different
sizes. Where I had several bills of the same port, I averaged them
together. The dollar is rated at 4s. 4½d. sterling in England, at 6s.
8d. in the British West Indies, and five livres twelve sous in France,
and at eight livres five sous in the French West Indies.
Several articles stated to be _free_ in France, do in fact pay one-eighth
of a per cent., which was retained merely to oblige an entry to be made in
their Custom House books. In like manner, several of the articles stated
to be _free_ in England, do, in fact, pay a light duty. The English duties
are taken from the book of rates.
Dollars.
(_k_) The exports to Great Britain and Ireland, are 6,888,978 50
How much they consume, I know not. They certainly re-export the
following:
Dollars.
Grain, the whole since the law of the last parliament 1,093,885
Tobacco, five-sixths, according to Sheffield's tables 2,295,411
Rice, five-sevenths, according to same 552,750
Indigo, one-third, according to same 315,887
Furs, probably one-half 17,950
Ginseng, the whole 32,424
Mahogany,} not being of our productions should also be 16,724
Wine, } deducted 4,425
---- 4,329,456 00
------------
Remainder, including their consumption and the unknown 2,559,522 50
re-exportations
The exportations certainly known then, are five-eighths of the whole.
TO THE PRESIDENT.
Philadelphia, January 4, 1792.
Sir,--Having been in conversation to-day with Monsieur Payan, one of the
St. Domingo deputies, I took occasion to inquire of him the footing on
which our commerce there stands at present, and particularly whether the
colonial _Arret_ of 1789, permitting a free importation of our flour till
1793, was still in force. He answered, that that _Arret_ was revoked in
France on the clamors of the merchants there; and with a like permission
to carry flour to the three usual ports, and he thinks to bring away
coffee and sugar, was immediately renewed by the Governor. Whether
this has been regularly kept up by renewed _Arrets_, during the present
troubles, he cannot say, but is sure that in practice it has never been
discontinued, and that not by contraband, but openly and legally, as is
understood. The public application to us to send flour there, is a proof
of it. Instead, therefore, of resting this permission on a colonial
_Arret_ till 1793, it should be rested on temporary _Arrets_ renewed
from time to time, as heretofore. This correction of the notes I took the
liberty of laying before you, with the table containing a comparative view
of our commerce with France and England, I thought it my duty to make.
I have the honor to be, with the most perfect respect and attachment, Sir,
your most obedient, and most humble servant.
TO MR. SHORT.
_Philadelphia_, January 5, 1792.
Dear Sir,--My last to you was of November 24th, since which I have
received yours, Nos. 76, 77, and 81 to 87 inclusive. Your letter of
October 6th, with your account to June, 1791, is not yet arrived, nor
the box mentioned in your number 84. The memorial of the crew of the
_Indian_ shall be sent to the Governor of South Carolina. In a former
letter I informed you that two balanciers would suffice for us, which will
have served as an answer to that part of your late letters on the same
subject. With respect to the Assayer, it will be better to defer taking
any measures till the bill establishing a mint, which is now before the
legislature, shall have passed.
We have been in expectation for some time that some overture would have
been made to us from the Court of France, on the subject of the treaty of
commerce recommended by the National Assembly to be entered into between
the two nations. The executive of ours are perfectly disposed to meet
such overtures, and to concur in giving them effect on the most liberal
principles. This sentiment you may freely express to the Minister for
Foreign Affairs.
We receive with deep regret daily information of the progress of
insurrection and devastation in St. Domingo. Nothing indicates as yet that
the evil is at its height, and the materials, as yet untouched, but open
to conflagration, are immense. The newspapers heretofore sent you, and
those now sent, will have informed you of a very bloody action we have had
with the Northern Indians, in which our army was defeated. This imposes
the necessity of stronger preparations than were before thought requisite.
Some communications from the Court of Madrid having been lately, for the
first time, made to us, these shall be the subject of a separate letter.
You mention some failures in the receipt of the journals of Congress
and other public papers. I trust always to Mr. Remson to make them up
from time to time, and I can answer for his punctuality. I send you his
statement of those which have been sent, so that the failure has probably
arisen from the inexactitude of those to whom they have been confided.
At present we watch for vessels bound to Havre whereby to send them. You
will receive some by the _de Jeune Eole_, which sails from hence to that
port next week. I am not certain whether this letter will go by the same
conveyance, or by the English packet. I am, with the highest esteem and
attachment, your affectionate humble servant.
TO THOMAS PINCKNEY.
Philadelphia, January 17, 1792.
Sir,--Your favors of November the 29th, 30th, and December the 1st, came
duly to hand, and gave sincere pleasure, by announcing your disposition to
accept the appointment to London. The nominations to Paris and the Hague
having been detained till yours could be made, they were all immediately
sent in to the Senate, to wit, yourself for London, Mr. G. Morris for
Paris, Mr. Short for the Hague. Some members of the Senate, apprehending
they had a right of determining on the _expediency_ of foreign missions,
as well as on the _persons_ named, took that occasion of bringing forward
the discussion of that question, by which the nominations were delayed two
or three weeks. I am happy to be able to assure you, that not a single
personal motive with respect to yourself entered into the objections to
these appointments. On the contrary, I believe that your nomination gave
general satisfaction. Your commission will be immediately made out, but
as the opportunities of conveyance at this season are precarious, and you
propose coming to this place, I think it better to retain it.
As to the delay proposed in your letter, it was to be expected: indeed,
a winter passage from Charleston to this place, or across the Atlantic,
is so disagreeable, that if either that circumstance or the arrangement
of your affairs should render it in the smallest degree eligible to you,
to remain at home till the temperate season comes on, stay till after the
vernal equinox; there will be no inconvenience to the public attending
it. On the contrary, as we are just opening certain negotiations with
the British minister here, which have not yet assumed any determinate
complexion, a delay till that time will enable us to form some judgment
of the issue they make take, and to know exactly in what way your
co-operation at the place of your destination, may aid us. On this and
other accounts, it will be highly useful that you take this place in
your way, where, or at New York, you will always be sure of finding a
convenient passage to England.
I have the honor to be, with the most perfect esteem and respect, Sir,
your most obedient, and most humble servant.
TO WILLIAM SHORT.
Philadelphia, January 23, 1792.
Dear Sir,--I have the pleasure to inform you, that the President of the
United States has appointed you minister resident for the United States
at the Hague, which was approved by the Senate on the 16th instant.
This new mark of the President's confidence will be the more pleasing
to you, as it imports an approbation of your former conduct, whereon be
pleased to accept my congratulations. You will receive herewith, a letter
from myself to Monsieur de Montmorin, closing your former mission, your
new commission, letters of credence from the President for the States
General and Stadtholder, sealed, and copies of them open for your own
satisfaction. You will keep the cypher we have heretofore used.
Your past experience in the same line, renders it unnecessary for me
to particularize your duties on closing your present, or conducting
your future mission. Harmony with our friends being our object, you are
sensible how much it will be promoted by attention to the manner as well
as the matter of your communications with the government of the United
Netherlands. I feel myself particularly bound to recommend, as the most
important of your charges, the patronage of our commerce and the extension
of its privileges, both in the United Netherlands and their colonies, but
most especially the latter.
The allowance to a minister resident of the United States, is four
thousand five hundred dollars a year, _for all his personal services and
other expenses_, a year's salary for his outfit, and a quarter's salary
for his return. It is understood that the _personal services and other
expenses_ here meant, do not extend to the cost of gazettes and pamphlet's
transmitted to the Secretary of State's office, to translating or printing
necessary papers, postage, couriers, and necessary aids to poor American
sailors. These additional charges, therefore, may be inserted in your
accounts; but no other of any description, unless where they are expressly
directed to be incurred. The salary of your new grade being the same as
of your former one, and your services continued, though the scene of
them is changed, there will be no intermission of salary; the new one
beginning where the former ends, and ending when you shall receive notice
of your permission to return. For the same reason there can be but one
allowance of outfit and return, the former to take place now, the latter
only on your final return. The funds appropriated to the support of the
foreign establishment, do not admit the allowance of a secretary to a
minister resident. I have thought it best to state these things to you
minutely, that you may be relieved from all doubt as to the matter of
your accounts. I will beg leave to add a most earnest request, that on
the 1st day of July next, and on the same day annually afterwards, you
make out your account to that day, and send it by the first vessel, and by
duplicates. In this I must be very urgent and particular; because at the
meeting of the ensuing Congress always, it is expected that I prepare for
them a statement of the disbursements from this fund, from July to June
inclusive. I shall give orders by the first opportunity, to our bankers
in Amsterdam, to answer your drafts for the allowances herein before
mentioned, recruiting them at the same time by an adequate remitment; as
I expect that by the time you receive this, they will not have remaining
on hand of this fund, more than seven or eight thousand dollars.
You shall receive from me, from time to time, the laws and journals of
Congress, gazettes and other interesting papers: for whatever information
is in possession of the public, I shall leave you generally to the
gazettes, and only undertake to communicate by letter, such, relative to
the business of your mission, as the gazetteers cannot give. From you I
shall ask, once or twice a month regularly, a communication of interesting
occurrences in Holland, of the general affairs of Europe, and the regular
transmission of the Leyden gazette by every British packet, in the way
it now comes, which proves to be very regular. Send also such other
publications as may be important enough to be read by one who can spare
little time to read anything, or which may contain matter proper to be
turned to, on interesting subjects and occasions. The English packet is
the most certain channel for such epistolatory communications as are not
very secret, and by those packets I would wish always to receive a letter
from you, by way of corrective to the farrago of news they generally
bring. Intermediate letters, secret communications, gazettes, and other
printed papers, had better come by private vessels from Amsterdam; which
channel I shall use generally for my letters, and always for gazettes and
other printed papers.
The President has also joined you in a special and temporary commission
with Mr. Carmichael to repair to Madrid, and there negotiate certain
matters respecting the navigation of the Mississippi, and other points
of common interest between Spain and us. As some time will be necessary
to make out the instructions and transcripts necessary in this business,
they can only be forwarded by some future occasion; but they shall be
soon forwarded, as we wish not to lose a moment in advancing negotiations
so essential to our peace. For this reason, I must urge you to repair
to the Hague at the earliest day the settlement of your affairs at Paris
will admit, that your reception may be over, and the idea of your being
established there strengthened, before you receive the new orders.
I have the honor to be, with sincere respect and esteem, dear Sir, your
most obedient and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, January 23, 1792.
Dear Sir,--I have the pleasure to inform you, that the President of the
United States has appointed you Minister Plenipotentiary for the United
States, at the court of France, which was approved by the Senate on the
12th instant; on which be pleased to accept my congratulations. You will
receive herewith your commission, a letter of credence for the King,
sealed, and a copy of it open for your own satisfaction, as also a cypher,
to be used on proper occasions in the correspondence between us.
To you, it would be more than unnecessary for me to undertake a general
delineation of the functions of the office to which you are appointed. I
shall therefore only express our desire, that they be constantly exercised
in that spirit of sincere friendship and attachment which we bear to the
French nation; and that in all transactions with the minister, his good
dispositions be conciliated by whatever in language or attentions may tend
to that effect. With respect to their government, we are under no call to
express opinions which might please or offend any party, and therefore it
will be best to avoid them on all occasions, public or private. Could any
circumstances require unavoidably such expressions, they would naturally
be in conformity with the sentiments of the great mass of our countrymen,
who, having first, in modern times, taken the ground of government
founded on the will of the people, cannot but be delighted on seeing so
distinguished and so esteemed a nation arrive on the same ground, and
plant their standard by our side.
I feel myself particularly bound to recommend, as the most important of
your charges, the patronage of our commerce, and the extension of its
privileges, both in France and her colonies, but most especially the
latter. Our consuls in France are under general instructions to correspond
with the minister of the United States at Paris; from them you may often
receive interesting information. Joseph Fenwick is consul at Bordeaux,
and Burwell Carnes at Nantz; Monsieur de la Motte vice consul at Havre,
and Monsieur Cathalan at Marseilles.
An act of Congress, of July the 1st, 1790, has limited the allowance of
a Minister Plenipotentiary to nine thousand dollars a year _for all his
personal services and other expenses_, a year's salary for his outfit, and
a quarter's salary for his return. It is understood that _the personal
services and other expenses_ here meant, do not extend to the cost of
gazettes and pamphlets transmitted to the Secretary of State's office, to
translating or printing necessary papers, postage, couriers, and necessary
aids to poor American sailors. These additional charges, therefore, may
be inserted in your accounts; but no other of any description, unless
where they are expressly directed to be incurred. By an ancient rule of
Congress, your salary will commence from the day you receive this letter,
if you be then at Paris, or from the day you set out for Paris from any
other place at which it may find you; it ceases on receiving notice or
permission to return, after which the additional quarter's allowance
takes place. You are free to name your own private secretary, who will
receive from the public a salary of thirteen hundred and fifty dollars
a year, without allowance for any _extras_. I have thought it best to
state these things to you minutely, that you may be relieved from all
doubt as to the matter of your accounts. I will beg leave to add a most
earnest request, that on the 1st day of July next, and on the same day
annually afterwards, you make out your account to that day, and send it
by the first vessel, and by duplicates. In this I must be very urgent
and particular, because at the meeting of the ensuing Congress always,
it is expected that I prepare for them a statement of the disbursements
from this fund, from July to June inclusive. I shall give orders by the
first opportunity to our bankers in Amsterdam, to answer your drafts for
the allowances herein before mentioned, recruiting them at the same time
by an adequate remitment, as I expect that by the time you receive this,
they will not have remaining on hand of this fund more than seven or eight
thousand dollars.
You shall receive from me, from time to time, the laws and journals of
Congress, gazettes and other interesting papers; for whatever information
is in possession of the public, I shall leave you generally to the
gazettes, and only undertake to communicate by letter, such, relative to
the business of your mission, as the gazettes cannot give.
From you I shall ask, once or twice a month regularly, a communication of
interesting occurrences in France, of the general affairs of Europe, and
transmission of the Leyden gazette, the _journal logographe_, and the best
paper of Paris for their colonial affairs, with such other publications
as may be important enough to be read by one who can spare little time
to read anything, or which may contain matter proper to be turned to, on
interesting subjects and occasions. The English packet is the most certain
channel for such epistolary communications as are not very secret, and
by those packets I would wish always to receive a letter from you by way
of corrective to the farrago of news they generally bring. Intermediate
letters, secret communications, gazettes and other printed papers, had
better come through the channel of Monsieur de La Motte at Havre, to whom
I shall also generally address my letters to you, and always the gazettes
and other printed papers.
Mr. Short will receive by the same conveyance, his appointment as minister
resident at the Hague.
I have the honor to be, with great esteem and respect, dear Sir, your most
obedient and most humble servant.
TO MONSIEUR DE MONTMORIN.
Philadelphia, January 23, 1792.
Sir,--The President of the United States having destined Mr. Short to
another employment, he is instructed to take leave of the court of France.
The perfect knowledge I have of his understanding and dispositions, gives
me full confidence that he has so conducted himself during his residence
near them, as to merit their approbation; and that he will mark his
departure with those respectful attentions and assurances which will give
them entire satisfaction. Above all things, I hope that every exercise of
his functions has been consistent with the sincerity of the friendship we
bear to the King and nation, and that you will be persuaded, that no one
is more cordial in that sentiment than he who has the honor to be, with
the most profound respect and attachment, Sir, your most obedient, and
most humble servant.
TO DON JOSEPH JAUDENES, AND DON JOSEPH VIAR.
Philadelphia, January 25, 1792.
Gentlemen,--Don Joseph Jaudenes having communicated to me verbally that
his Catholic Majesty had been apprised of our solicitude to have some
arrangements made respecting our free navigation of the Mississippi,
and a port thereon convenient for the deposit of merchandize of export
and import for lading and unlading the sea and river vessels, and that
his Majesty would be ready to enter into treaty thereon directly with
us, whensoever we should send to Madrid a proper and acceptable person
authorized to treat on our part, I laid the communication before the
President of the United States. I am authorized by him to assure you
that our government has nothing more at heart than to meet the friendly
advances of his Catholic Majesty with cordiality, and to concur in such
arrangements on the subject proposed, as may tend best to secure peace and
friendship between the two nations on a permanent footing. The President
has, therefore, with the approbation of the Senate, appointed Mr. Short,
our present minister resident at the Hague, to proceed to Madrid as a
joint commissioner with Mr. Carmichael, with full powers to treat on the
subject before mentioned, and I have no doubt that these gentlemen will
so conduct themselves as to give entire satisfaction. Mr. Short's business
at the Hague will occasion a short delay of his departure from that place
for Madrid, but he will be duly urged to make it as short as possible.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Gentlemen, your most obedient, and most humble servant.
TO MR. SHORT.
Philadelphia, January 28, 1792.
Dear Sir,--My last private letter to you was of November 25th, your
last received was of September 29th. Though the present will be very
confidential, and will go, I do not know how, I cannot take time to
cypher it all. What has lately occurred here will convince you I have
been right in not raising your expectations as to an appointment. The
President proposed at first the nomination of Mr. T. Pinckney to the court
of London, but would not name him till we could have an assurance from
him that he would accept, nor did he indicate what the other appointments
would be till Mr. Pinckney's answer came. Then he nominated to the Senate
Mr. Morris, M. P. for France, Pinckney, M. P. for London, and yourself M.
R. for the Hague. The first of these appointments was extremely unpopular,
and so little relished by several of the Senate, that every effort
was used to negative it. Those whose personal objections to Mr. Morris
overruled their deference to the President, finding themselves a minority,
joined with another small party who are against all foreign appointments,
and endeavored with them to put down the whole system rather than let this
article pass. This plan was defeated, and Mr. Morris passed by a vote
of 16 against 11. When your nomination came on, it was consented to, by
15 against 11, every man of the latter, however, rising and declaring,
that as to yourself they had no personal objection, but only meant by
their vote to declare their opinion against keeping any person at the
Hague. Those who voted in the negative were not exactly the same in both
cases. When the biennial bill furnishing money for the support of the
foreign establishment shall come up at the next session, to be continued,
the same contest will arise again, and I think it very possible that if
the opponents of Mr. Morris cannot remove him otherwise, they will join
again with those who are against the whole establishment, and try to
discontinue the whole. If they fail in this, I still see no security in
their continuing the mission to the Hague; because to do this they must
enlarge the fund from forty to fifty thousand dollars. The President
afterwards proceeded to join you to Carmichael on a special mission to
Spain, to which there was no opposition, except from three gentlemen who
were against opening the Mississippi.
I am, with sincere attachment, dear Sir, your affectionate friend and
servant.
TO COLONEL HAMILTON.
February --, 1792.
Dear Sir,--I return you the report on the mint, which I have read over
with a great deal of satisfaction. I concur with you in thinking that
the unit must stand on both metals, that the alloy should be the same in
both, also in the proportion you establish between the value of the two
metals. As to the question on whom the expense of coinage is to fall, I
have been so little able to make up an opinion satisfactory to myself,
as to be ready to concur in either decision. With respect to the dollar,
it must be admitted by all the world, that there is great incertainty in
the meaning of the term, and therefore all the world will have justified
Congress for their first act of removing the incertainty by declaring
what they understand by the term, but the incertainty once removed,
exists no longer, and I very much doubt a right now to change the value,
and especially to lessen it. It would lead to so easy a mode of paying
off their debts. Besides, the parties injured by this reduction of the
value would have so much matter to urge in support of the first point of
fixation. Should it be thought, however, that Congress may reduce the
value of the dollar, I should be for adopting for our unit, instead of
the dollar, either one ounce of pure silver, or one ounce of standard
silver, so as to keep the unit of money a part of the system of measures,
weights and coins. I hazard these thoughts to you extempore and am, dear
Sir, respectfully and affectionately.
TO MR. HAMMOND.
Philadelphia, February 2, 1792.
Sir,--On the receipt of your letter of the 14th of December, I
communicated it to the President of the United States, and under the
sanction of his authority, the principal members of the executive
department made it their duty to make known in conversations generally,
the explicit disclaimer, in the name of your court, which you had been
pleased to give us, that the government of Canada had supported or
encouraged the hostilities of our Indian neighbors in the western country.
Your favor of January the 30th, to the same purpose, has been, in like
manner, communicated to the President, and I am authorized to assure you,
that he is duly sensible of this additional proof of the disposition of
the court of London, to confine the proceedings of their officers in our
vicinage within the limits of friendship and good neighborhood, and that a
conduct so friendly and just, will furnish us a motive the more for those
duties and good offices which neighbor nations owe each other.
You have seen too much, Sir, of the conduct of the press in countries
where it is free, to consider the gazettes as evidence of the sentiments
of any part of the government; you have seen them bestow on the government
itself, in all its parts, its full share of inculpation. Of the sentiments
of our government on the subject of your letter, I cannot give you better
evidence than the statement of the causes of the Indian war, made by the
Secretary of War on the 26th of the last month, by order of the President,
and inserted in the public papers. No interference on the part of your
nation is therein stated among the causes of the war. I am happy, however,
in the hope, that a due execution of the treaty will shortly silence those
expressions of public feeling by removing their cause. I have the honor
to be, with great respect and esteem, Sir, your most obedient, and most
humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, February 4, 1792.
Sir,--The late appointment of a Minister Resident to the Hague, has
brought under consideration the condition of Mr. Dumas, and the question,
whether he is, or is not, at present in the service of the United States?
Mr. Dumas, very early in the war, was employed first by Dr. Franklin,
afterwards by Mr. Adams, to transact the affairs of the United States
in Holland. Congress never passed any express vote of confirmation, but
they opened a direct correspondence with Mr. Dumas, sent him orders to
be executed, confirmed and augmented his salary, made that augmentation
retrospective, directed him to take up his residence in their hotel at the
Hague, and passed such other votes from time to time as established him
_de facto_ their agent at the Hague. On the change in the organization of
our government in 1789, no commission nor new appointment took place with
respect to him, though it did in most other cases; yet the correspondence
with him from the office of Foreign Affairs has been continued, and he
has regularly received his salary. A doubt has been suggested, whether
this be legal. I have myself no doubt but what it is legal. I consider
the source of authority with us to be the Nation. Their will, declared
through its proper organ, is valid, till revoked by their will declared
through its proper organ again also. Between 1776 and 1789, the proper
organ for pronouncing their will, whether legislative or executive, was a
Congress formed in a particular manner. Since 1789 it is a Congress formed
in a different manner, for laws, and a President, elected in a particular
way, for making appointments and doing other executive acts. The laws
and appointments of the ancient Congress were as valid and permanent in
their nature, as the laws of the new Congress, or appointments of the new
Executive; these laws and appointments, in both cases deriving equally
their source from the will of the nation; and when a question arises,
whether any particular law or appointment is still in force, we are to
examine, not whether it was pronounced by the ancient or present organ,
but whether it has been at any time revoked by the authority of the
nation, expressed by the organ competent at the time. The nation, by the
act of their federal convention, established some new principles and some
new organizations of the government. This was a valid declaration of their
will, and _ipso facto_ revoked some laws before passed, and discontinued
some officers and offices before appointed. Wherever, by this instrument,
an old office was suspended by a new one, a new appointment became
necessary; but where the new Constitution did not demolish an office,
either expressly or virtually, nor the President remove the officer, both
the office and officer remained. This was the case of several; in many
of them, indeed, an excess of caution dictated the superaddition of a new
appointment; but where there was no such superaddition, as in the instance
of Mr. Dumas, both the office and officer still remained: for the will
of the nation, validly pronounced by the proper organ of the day, had
constituted him their agent, and that will has not, through any of its
successive organs, revoked its appointment. I think, therefore, there is
no room to doubt its continuance, and that the receipt of salary by him
has been lawful.
However, I would not wish to take on myself alone the decision of a
question so important, whether considered in a legal or constitutional
view; and therefore submit it to you, Sir, whether it is not a proper
question whereon to take the opinion of the Attorney General?
Another question then arises, Ought Mr. Dumas to be discontinued? I am of
opinion he ought not.
1. Not at this time; because Mr. Short's mission to Madrid will occasion
an immediate vacancy at the Hague again; and because, by the time
that will be over, his appointment at the Hague must be discontinued
altogether, unless Congress should enlarge the foreign fund.
2. Not at any time; because, when, after the peace, Mr. Dumas' agency
became of less importance, Congress, under various views of his
sacrifices and services, manifested that their continuance of him was
in consideration of these, and of his advanced years and infirm state,
which render it impossible for him to launch into a new line of gaining
a livelihood; and they thought the continuance of moderate competence to
him for moderate services, was more honorable to the United States than
to abandon him in the face of Europe, after and under such circumstances.
I have the honor to be, with sentiments of the most profound respect and
attachment. Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, February 7, 1792.
Sir,--An account presented to me by Mr. John B. Cutting, for expenditures
incurred by him in liberating the seamen of the United States in British
ports, during the impressments, which took place under that government in
the year 1790, obliges me to recall some former transactions to your mind.
You will be pleased to recollect the numerous instances of complaint
or information to us, about that time, of the violence committed on our
seafaring citizens in British ports, by their press-gangs and officers,
and that, not having even a consul there at that time, it was thought
fortunate that a private citizen, who happened to be on the spot, stept
forward for their protection; that it was obvious that these exertions
on his part must be attended with expense, and that a particular demand
of fifty pounds sterling for this purpose coming incidentally to my
knowledge, it was immediately remitted to Mr. Cutting, with a request
to account for it in convenient time. He now presents an account of all
his expenditures in this business, which I have the honor to communicate
herewith. According to this, the oppression extends to a much greater
number of our citizens, and their relief is more costly, than had
been contemplated. It will be necessary to lay the account before the
Legislature; because, the expenses being of a description which had not
occurred before, no appropriation heretofore made would authorize payment
at the treasury; because, too, the nature of the transactions may in some
instances require, justly, that the ordinary rules of evidence, which the
Auditor is bound to apply to ordinary cases, should suffer relaxations,
which he probably will not think himself authorized to admit, without the
orders of the Legislature.
The practice in Great Britain of impressing seamen whenever war is
apprehended, will fall more heavily on ours than on those of any other
foreign nation, on account of the sameness of language. Our minister at
that court, therefore, will, on these occasions, be under the necessity of
interfering for their protection, in a way which will call for expense.
It is desirable that these expenses should be reduced to certain rules,
as far as the nature of the case will admit, and the sooner they are so
reduced the better. This may be done, however, on surer grounds after
the government of Great Britain shall have entered with us into these
arrangements on this particular subject which the seriousness of the case
calls for on our part, and its difficulty may admit on theirs. This done,
it will be desirable that legislative rules be framed which may equally
guide and justify the proceedings of our minister, or other agent, at
that court, and at the same time extend to our seafaring citizens the
protection of which they have so much need.
Mr. Cutting, being on the spot, will himself furnish the explanations and
documents of his case, either to the legislature or a committee of it, or
to the Auditor, as he shall be required.
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. HAMMOND.
Philadelphia, February 25, 1792.
Sir,--I have now the honor to enclose you the answer of the Attorney
General to a letter I wrote him on the subject of yours of the 18th
instant.
It appears that the judges of the Supreme Court of the United States are
open to the application of Mr. Pagan for a writ of error to revise his
case. This writ is to be granted, indeed, or refused, at the discretion
of the judge; but the discretion of a judge is governed by the rules of
law; if these be in favor of Mr. Pagan's application, his case will be
reviewed in the Supreme Court, and the decision against him corrected, if
wrong; if these be against his application, he will then be at the end of
the ordinary course of law, at which term alone it is usual for nations to
take up the clause of an individual, and to inquire whether their judges
have refused him justice. At present, therefore, I am not able to say
more, than that the judges of the Supreme Court of the United States will
receive Mr. Pagan's application for a writ of error to revise the judgment
given against him by the inferior court, and that there can be no doubt
they will do on that application what shall be right.
I have the honor to be, with the highest esteem, your most obedient, and
most humble servant.
TO MESSRS. JOHNSON, CARROL, AND STEWART.
Philadelphia, March 6, 1792.
Gentlemen,--It having been found impracticable to employ Major L'Enfant
about the federal city, in that degree of subordination which was lawful
and proper, he has been notified that his services are at an end. It is
now proper that he should receive the reward of his past services; and
the wish that he should have no just cause of discontent, suggests that
it should be liberal. The President thinks of two thousand five hundred,
or three thousand dollars: but leaves the determination to you. Ellicott
is to go on, the week after the next, to finish laying off the plan on
the ground, and surveying and platting the district. I have remonstrated
with him on the excess of five dollars a day and his expenses, and he
has proposed striking off the latter; but this also is left to you, and
to make the allowance retrospective. He is fully apprised that he is
entirely under your orders, and there will be no person employed but under
your orders. The enemies of this enterprise will take advantage of the
retirement of L'Enfant, to trumpet an abortion of the whole. This will
require double exertions, to be counteracted. I enclose you the project
of a loan which is agreed on, if you approve it. Your answer will be
immediately expected, and is kept entirely secret, till the subscriptions
are actually opened. With this money, in aid of your other funds, the
works may be pushed with such spirit as to evince to the world that they
will not be relaxed.
The immediate employment of a superintendent, of activity and intelligence
equal to the nature of his functions and the public expectations, becomes
important. You will, doubtless, also consider it as necessary to advertise
immediately for plans of the Capitol and President's house. The sketch
of an advertisement for the plan of a Capitol, which Mr. Johnson had sent
to the President, is now returned with some alterations, and one also for
a President's house. Both of them are subject to your pleasure, and when
accommodated to that, if you will return them, they shall be advertised
here and elsewhere. The President thinks it of primary importance to press
the providing as great quantities of brick, stone, lime, plank, timber,
&c., this year as possible. It will occur to you that the stone should be
got by a skilful hand. Knowing what will be your funds, you will be able
to decide which of the following works had better be undertaken for the
present year.
The cellars of both houses.
The foundations of one, or both.
Bridge over Rock Creek, and the post road brought over it.
Canal.
Wharves.
The affair of Mr. Carrol, of Duddington's house, seems to call for
settlement. The President thinks the most just course would be, to rebuild
the house in the same degree, using the same materials as far as they will
go, and supplying what are destroyed or rendered unfit; so that the effect
will be in fact, only the removal of the house within his lot, and in a
position square with the streets. Do you not think it would be expedient
to take measures for importing a number of Germans and Highlanders? This
need not be to such an extent as to prevent the employment of eastern
laborers, which is eligible for particular reasons. If you approve of the
importation of Germans and have a good channel for it, you will use it, of
course. If you have no channel, I can help you to one. Though Roberdeau's
conduct has been really blamable, yet we suppose the principal object of
the arrest was to remove him off the ground. As the prosecution of him
to judgment might give room to misrepresentation of the motives, perhaps
you may think it not amiss to discontinue the proceedings. You will
receive herewith a packet of papers, among which are several projects and
estimates which have been given in by different persons, and which are
handed on to you, not as by any means carrying with them any degree of
approbation, but merely, that if you find anything good in them, you may
convert it to some account. Some of these contain the views of L'Enfant.
I have the honor to be, with the most perfect esteem and respect,
gentlemen, your most obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 10, 1792.
Dear Sir,--My letter of January the 23d, put under cover to Mr. Johnson
in London, and sent by a passenger in the British packet of February,
will have conveyed to you your appointment as Minister Plenipotentiary of
the United States, at the court of France. By the Pennsylvania, Captain
Harding, bound to Havre de Grace, and plying pretty regularly between
this place and that, you will receive the present letter, with the laws
of the United States, journals of Congress, and gazettes to this day,
addressed to the care of M. de la Motte. You will also receive a letter
from the President to the King of France, in answer to his announcing
the acceptance of the Constitution, which came to hand only a week ago.
A copy of this letter is sent for your own use. You will be pleased to
deliver the sealed one, (to the minister, I presume, according to the
ancient etiquette of the court,) accompanying it with the assurances
of friendship, which the occasion may permit you to express, and which
are cordially felt by the President and the great body of our nation.
We wish no occasion to be omitted of impressing the National Assembly
with this truth. We had expected, ere this, that in consequence of the
recommendation of their predecessors, some overtures would have been made
to us on the subject of a treaty of commerce. An authentic copy of the
recommendation was delivered, but nothing said about carrying it into
effect. Perhaps they expect that we should declare our readiness to meet
them on the ground of treaty. If they do, we have no hesitation to declare
it. In the meantime, if the present communications produce any sensation,
perhaps it may furnish a good occasion to endeavor to have matters
re-placed _in statu quo_, by repealing the late innovations as to our
ships, tobacco and whale oil. It is right that things should be on their
ancient footing, at opening the treaty. M. Ternant has applied here for
four thousand dollars for the succor of the French colonies. The Secretary
of the Treasury has reason to believe, that the late loan at Antwerp has
paid up all our arrearages to France, both of principal and interest,
and consequently, that there is no part of our debt exigible at this
time. However, the Legislature having authorized the President to proceed
in borrowing to pay off the residue, provided it can be done to the
_advantage_ of the United States, it is thought the law will be satisfied
with _avoiding loss_ to the United States. This has obliged the Secretary
of the Treasury to require some conditions, which may remove from us that
loss which we encountered, from an unfavorable exchange, to pay what was
_exigible_, and transfer it to France as to payments not exigible. These
shall be fully detailed to you when settled. In the meantime, the money
will be furnished as far as it can be done. Indeed, our wishes are cordial
for the re-establishment of peace and commerce in those colonies, and to
give such proofs of our good faith both to them and the mother country,
as to suppress all that jealousy which might oppose itself to the free
exchange of our _mutual productions_, so essential to the prosperity of
those colonies, and to the preservation of _our agricultural_ interest.
This is our true interest and our true object, and we have no reason to
conceal views so justifiable, though the expression of them may require
that the occasions be proper and the terms chosen with delicacy. The
gazettes will inform you of the proceedings of Congress, the laws passed
and proposed, and generally speaking, of all public transactions. You
will perceive that the Indian war calls for sensible exertions. It would
have been a trifle had we only avowed enemies to contend with. The British
court have disavowed all aid to the Indians. Whatever may have been their
orders in that direction, the Indians are fully and notoriously supplied
by their agents with everything necessary to carry on the war. Time will
show how all this is to end. Besides the laws, journals and newspapers,
before mentioned, you will receive herewith the State constitutions, the
census and almanac, and an answer to Lord Sheffield on our commerce. A
cypher is ready for you, but cannot be sent till we can find a trusty
passenger going to Paris.
I am, with great respect and esteem, dear Sir, your most obedient, and
most humble servant.
* * * * *
Since writing the preceding, the two Houses have come to resolutions on
the King's letter, which are enclosed in the President's, and copies of
them accompany this for your use.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, March 18, 1792.
Gentlemen,--The President having thought proper to appoint you joint
commissioners plenipotentiary, on the part of the United States, to
treat with the court of Madrid on the subjects of the navigation of the
Mississippi, arrangements on our limits, and commerce, you will herewith
receive your commission; as also observations on these several subjects,
reported to the President and approved by him, which will therefore
serve as instructions for you. These expressing minutely the sense of our
government and what they wish to have done, it is unnecessary for me to
do more here than desire you to pursue these objects unremittingly, and
endeavor to bring them to an issue in the course of the ensuing summer.
It is desirable that you should keep an exact journal of what shall pass
between yourselves and the court or their negotiator, and communicate it
from time to time to me, that your progress and prospects may be known.
You will be the best judges whether to send your letters by Lisbon, Cadiz,
or what other route; but we shall be anxious to hear from you as often
as possible. If no safe conveyance occurs from Madrid to Lisbon, and
your matter should be of importance sufficient to justify the expense, a
courier must be sent; but do not incur the expense unless it be to answer
some good end.
I have the honor to be, with great and sincere esteem, Gentlemen, your
most obedient, and most humble servant.
TO WILLIAM SHORT, ESQ.
Philadelphia, March 18, 1792.
Sir,--You will receive herewith a commission appointing Mr. Carmichael and
yourself joint commissioners plenipotentiary for treating on the subject
therein expressed with the Court of Madrid; to which place it is necessary
of course that you repair. The instructions and other papers accompanying
the commission, (and of which no duplicate is hazarded,) leave nothing
to be added here but to express the desire that this object be pursued
immediately. It is hoped that in consequence of my former letter you
will have made the necessary arrangements for an immediate departure on
your receipt of this. You will of course apprise the Court at the Hague
in the most respectful and friendly manner, that matters of high moment
committed to you, oblige you to a temporary absence. You will then be
pleased to proceed by such route as you think best to Madrid, taking care
to furnish yourself from the representative of Spain at the Hague, or
Paris, with such letters or passports as may ensure your papers from being
taken out of your possession, or searched. You will judge from existing
circumstances whether, when you approach the limits of Spain, it may not
be prudent for you to ascertain previously that you will be permitted to
pass unsearched. When arrived at Madrid, the other papers before mentioned
mark out the line to be pursued. I am, with great and sincere esteem, Sir,
your most obedient, and most humble servant.
TO MR. SHORT.
Philadelphia, March 18, 1792.
My Dear Sir,--I shall not repeat in this private dispatch anything said
in the public ones sent herewith. I have avoided saying in them what
you are to do, when the business you go on shall be finished or become
desperate, because I hope to hear what you wish. It is decided that
Carmichael will be permitted to come away at that precise epoch, so you
need have no delicacy on that subject, if you chose to remain there in
your present grade. I become more and more satisfied that the Legislature
will refuse the money for continuing any _diplomatic_ character at the
Hague. I hope you will consider success in the object you go on, as the
most important one of your life: that you will meditate the matter day
and night, and make yourself thoroughly master of it, in every possible
form they may force you to discuss it. A former letter has apprised you
of my private intentions at the close of the present federal cycle. My
successor and his dispositions are equally unknown. The administration
may change then in other of its parts. It is essential that this business
be completed before any idea of these things get abroad. Otherwise Spain
may delay in hopes of a change of consuls here. It will be a great comfort
to leave this business safely and amicably settled, which has so long and
immediately threatened our peace. Gardoqui will probably be the negotiator
on their part. No attentions should be spared towards him, or the Count
Florida Blanca. Let what will be said or done, preserve your _sang froid_
immovably, and to every obstacle, oppose patience, perseverance, and
soothing language. Pardon my sermonizing; it proceeds from the interest
I feel in this business, and in your success. It will be well that you
examine with the most minute attention all the circumstances which may
enable you to judge and communicate to us whether the situation of Spain
admits her to go to war.
The failure of some stock gamblers and some other circumstances, have
brought the public paper low. The 6 per cents have fallen from 26 to
21 1-4, and bank stock from 115 or 120 to 73 or 74, within two or
three weeks. This nefarious business is becoming more and more the
public detestation, and cannot fail, when the knowledge of it shall be
sufficiently extended, to tumble its authors headlong from their heights.
Money is leaving the remoter parts of the Union, and flowing to this place
to purchase paper; and here, a paper medium supplying its place, it is
shipped off in exchange for luxuries. The value of property is necessarily
falling in the places left bare of money. In Virginia, for instance,
property has fallen 25 per cent. in the last twelve months. I wish to God
you had some person who could dispose of your paper at a judicious moment
for you, and invest it in good lands. I would do anything my duty would
permit, but were I to advise your agent (who is himself a stock dealer)
to sell out yours at this or that moment, it would be used as a signal to
guide speculations. There can never be a fear but that the paper which
represents the public debt will be ever sacredly good. The public faith
is bound for this, and no change of system will ever be permitted to
touch this; but no other paper stands on ground equally sure. I am glad
therefore that yours is all of this kind.
Some bishop of Spain, who was for some time in Mexico, found there copies
of Cortez's correspondence, and on his return to Spain, published them.
I have made many efforts to get this book, but in vain. I must beg of
you to procure it for me while there. It is not many years since it was
published. I am, with constant and sincere attachment, dear Sir, your
affectionate friend and servant.
TO MESSRS. DE VIAR AND DE JAUDENES.
Philadelphia, March 23, 1792.
Gentlemen,--I have the honor to inform you that a commission has been
issued to Mr. Carmichael and Mr. Short, as Commissioners Plenipotentiary
for the United States, to confer, treat, and negotiate with any person
or persons duly authorized by his Catholic Majesty, of and concerning
the navigation of the river Mississippi, and such other matters relative
to the confines of their territories, and the intercourse to be had
thereon, as the mutual interests and general harmony of neighboring and
friendly nations require should be precisely adjusted and regulated, and
of and concerning the general commerce between the United States and the
kingdom and dominions of his Catholic Majesty; and to conclude and sign
a treaty or treaties, convention or conventions thereon, saving as usual
the right of ratification, which commission is already on its way to Mr.
Short, whom it will find at the Hague, and who is desired immediately
to proceed to Madrid. I expect his route will be by Bordeaux, and thence
across the Pyrenees by the usual road. Might I hope your application to
your Court to send a passport and proper orders to their officers, where
he must first enter the kingdom, to protect his passage into and through
the kingdom, in order to prevent loss of time, which would be incurred by
his waiting there till he could ask and receive a passport from Madrid?
With the sincerest wishes that the matters not yet settled between the
two countries may be so adjusted as to give a free course to that conduct
on both sides which an unity of interest evidently prescribes, and with
sentiments of perfect esteem and respect for yourselves, I have the honor
to be, Gentlemen, your most obedient, and most humble servant.
TO COLONEL PICKERING.
Philadelphia, March 28, 1792.
Sir,--The President has desired me to confer with you on the proposition
I made the other day, of endeavoring to move the posts at the rate of one
hundred miles a day. It is believed to be practicable here, because it is
practised in every other country. The difference of expense alone appeared
to produce doubts with you on the subject. If you have no engagement
for dinner to-day, and will do me the favor to come and dine with me, we
will be entirely alone, and it will give us time to go over the matter
and weigh it thoroughly. I will, in that case, ask the favor of you to
furnish yourself with such notes as may ascertain the present expense of
the posts, for one day in the week, to Boston and Richmond, and enable us
to calculate the savings which may be made by availing ourselves of the
stages. Be pleased to observe that the stages travel all the day. There
seems nothing necessary for us then, but to hand the mail along through
the night till it may fall in with another stage the next day, if motives
of economy should oblige us to be thus attentive to small savings. If
a little latitude of expense can be allowed, I should be for only using
the stages the first day, and then have our riders. I am anxious that the
thing should be begun by way of experiment, for a short distance, because
I believe it will so increase the income of the post-office as to show we
may go through with it. I shall hope to see you at three o'clock.
I am, with great esteem, Sir, your most obedient humble servant.
TO MR. HAMMOND.
Philadelphia, March 31, 1792.
Sir,--I received yesterday your favor of the day before, and immediately
laid it before the President of the United States. I have it in charge
from him to express to you the perfect satisfaction which these assurances
on the part of your court have given him, that Bowles, who is the
subject of them, is an unauthorized impostor. The promptitude of their
disavowal of what their candor had forbidden him to credit, is a new
proof of their friendly dispositions, and a fresh incitement to us to
cherish corresponding sentiments. To these we are led both by interest
and inclination, and I am authorized to assure you that no occasion will
be omitted on our part, of manifesting their sincerity. I have the honor
to be, with sentiments of the most perfect esteem and respect, Sir, your
most obedient and most humble servant.
TO GOVERNOR PINCKNEY.
Philadelphia, April 1, 1792.
Sir,--Your letter of January the 8th to the President of the United
States, having been referred to me, I have given the subject of it as
mature consideration as I am able. Two neighboring and free governments,
with laws equally mild and just, would find no difficulty in forming
a convention for the interchange of fugitive criminals. Nor would two
neighboring despotic governments, with laws of equal severity. The latter
wish that no door should be opened to their subjects flying from the
oppression of their laws. The fact is, that most of the governments on the
continent of Europe have such conventions; but England, the only free one
till lately, has never yet consented either to enter into a convention
for this purpose, or to give up a fugitive. The difficulty between a
free government and a despotic one, is indeed great. I have the honor to
enclose to your Excellency a sketch of the considerations which occurred
to me on the subject, and which I laid before the President. He has, in
consequence, instructed me to prepare a project of a convention, to be
proposed to the court of Madrid, which I have accordingly done, and now
enclose a copy of it. I wish it may appear to you satisfactory. Against
property we may hope it would be effectual; whilst it leaves a door
open to life and liberty except in a single unquestionable case. Messrs.
Carmichael and Short will be instructed to make this one of the subjects
of their negotiation with the court of Spain.
I have the honor to be, with sentiments of the most perfect esteem and
respect, your Excellency's most obedient and most humble servant.
TO THE COMMISSIONERS OF WASHINGTON.
Philadelphia, April 9, 1792.
Gentlemen,--In a former letter I enclosed you an idea of Mr. Lee's for an
immediate appropriation of a number of lots to raise a sum of money for
erecting a national monument in the city of Washington. It was scarcely
to be doubted but that you would avoid appropriations for matters of
ornament till a sufficient sum should be secured out of the proceeds of
your sales to accomplish the public buildings, bridges and other such
objects as are essential. Mr. Caracchi, the artist, who had proposed to
execute the monument, has had hopes that a subscription set on foot for
that purpose, would have sufficed to effect it. That hope is now over,
and he is about to return to Europe. He is unquestionably an artist of
the first class. He has had the advantage of taking the model of the
President's person in plaster, equal to every wish in resemblance and
spirit. It is pretty certain that the equestrian statue of the President
can never be executed by an equal workman, who has had equal advantages,
and the question is whether a prudent caution will permit you to enter
into any engagement now, taking time enough before the term of payment to
have accomplished the more material objects of the public buildings, &c.
He says to execute the equestrian statue, with the cost of the materials,
in marble, will be worth 20,000 guineas; that he would begin it on his
return, if four or five years hence you can engage to pay him 20,000
dollars, and the same sum annually afterwards, till the whole is paid,
before which time the statue shall be ready. It is rather probable that
within some time Congress would take it off your hands, in compliance
with an ancient vote of that body. The questions for your considerations
are, whether, supposing no difficulty as to the means, you think such a
work might be undertaken by you? Whether you can have so much confidence
in the productiveness of your funds as to engage for a residuum of this
amount, all more necessary objects being first secured, and that this may
be within the time before proposed? and, in fine, which will preponderate
in your minds, the hazard of undertaking this now, or that of losing the
aid of this artist? The nature of this proposition will satisfy you that
it has not been communicated to the President, and of course would not
be, unless a previous acceptance on your part, should render it necessary
to obtain his sanction. Your answer is necessary for the satisfaction of
Mr. Caracchi, at whose instance I submit the proposal to you, and who, I
believe, will only wait here the return of that answer. I have the honor
to be, with the most perfect esteem, gentlemen, your most obedient and
most humble servant.
TO COLONEL N. LEWIS.
Philadelphia, April 12, 1792.
Dear Sir,--Unremitting business must be my apology, as it is really
the true one, for my having been longer without writing to you than my
affections dictated. I am never a day without wishing myself with you,
and more and more as the fine sunshine comes on, which was made for all
the world but me. Congress will rise about the 21st. They have passed
the Representation bill at one for thirty-three thousand, which gives
to Virginia nineteen members. They have voted an army of five thousand
men, and the President has given the command to General Wayne, with four
brigadiers, to wit, Morgan, Brooks, Willet and Wilkinson. Congress is
now engaged on the ways and means of raising money to pay this army. A
further assumption of State debt has been proposed by the Secretary of the
Treasury, which has been rejected by a small majority; but the chickens of
the treasury have so many contrivances, and are so indefatigable within
doors and without, that we all fear they will get it in yet some way or
other. As the doctrine is that a public debt is a public blessing, so they
think a perpetual one is a perpetual blessing, and therefore wish to make
it so large that we can never pay it off. Your friend and servant.
TO THE PRESIDENT.
Philadelphia, April 13, 1792.
Sir,--I have the honor to lay before you a communication from Mr.
Hammond, Minister Plenipotentiary of his Britannic Majesty, covering a
clause of a statute of that country relative to its commerce with us,
and notifying a determination to carry it into execution henceforward.
Conceiving that the determination announced could not be really meant as
extensively as the words import, I asked and received an explanation from
the minister, as expressed in the letter and answer herein enclosed; and
on consideration of all circumstances, I cannot but confide in the opinion
expressed by him, that its sole object is to exclude foreign vessels from
the Islands of Jersey and Guernsey. The want of proportion between the
motives expressed and the measure, its magnitude and consequences, total
silence as to the proclamation on which the intercourse between the two
countries has hitherto hung, and of which, in this broad sense, it would
be a revocation, and the recent manifestations of the disposition of
that government to concur with this in mutual offices of friendship and
good will, support his construction. The minister, moreover, assured me
verbally, that he would immediately write to his court for an explanation,
and in the meantime, is of opinion that the usual intercourse of commerce
between the two countries (Jersey and Guernsey excepted) need not be
suspended.
I have the honor to be, with sentiments of the most profound respect and
attachment Sir, your most obedient and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, April 24, 1792.
Gentlemen,--My letter of March the 18th, conveyed to you full powers for
treating with Spain on the subjects therein expressed. Since that, our
attention has been drawn to the case of fugitive debtors and criminals,
whereon it is always well that coterminous States should understand one
another, as far as their ideas on the rightful powers of government can be
made to go together. Where they separate, the cases may be left unprovided
for. The enclosed paper, approved by the President, will explain to
you how far we can go, in an agreement with Spain _for her territories
bordering on us_; and the plan of a convention is there stated. You are
desired to propose the matter to that court, and establish with them so
much of it as they approve, filling up the blank for the manner of the
demand by us and compliance with them, in such a way, as their laws and
the organization of their government may require. But recollect that
they bound on us between two and three thousand miles, and consequently,
that they should authorize a delivery by some description of officers
to be found on every inhabitable part of their border. We have thought
it best to agree, specially, the manner of proceeding _in our country_,
on a demand of theirs, because the convention will in that way execute
itself, without the necessity of a new law for the purpose. Your general
powers being comprehensive enough to take in this subject, no new ones
are issued.
I have the honor to be, with great respect, Gentlemen, your most obedient,
and most humble servant.
[The annexed are the papers referred to in the preceding.]
_Project of a convention with the Spanish provinces._
Any person having committed murder or malice prepense, not of the nature
of treason, within the United States or the Spanish provinces adjoining
thereto, and fleeing from the justice of the country, shall be delivered
up by the government where he shall be found, to that from which he fled,
whenever demanded by the same.
The manner of the demand by the Spanish government, and of the compliance
by that of the United States, shall be as follows. The person authorized
by the Spanish government where the murder was committed, to pursue the
fugitive, may apply to any justice of the Supreme Court of the United
States, or to the district judge of the place where the fugitive is,
exhibiting proof on oath that a murder has been committed by the said
fugitive within the said government, who shall thereon issue his warrant
to the marshal or deputy marshal of the same place, to arrest the fugitive
and have him before the said district judge, or the said pursuer may apply
to such marshal or deputy marshal directly, who, on exhibition of proof
as aforesaid, shall thereupon arrest the fugitive, and carry him before
the said district judge; and when before him in either way, he shall
within not less than ---- days, nor more than ----, hold a special court
of inquiry, causing a grand jury to be summoned thereto, and charging
them to inquire whether the fugitive hath committed a murder, not of
the nature of treason, within the province demanding him, and on their
finding a true bill, the judge shall order the officer in whose custody
the fugitive is, to deliver him over to the person authorized as aforesaid
to receive him, and shall give such further authorities to aid the said
person in safe keeping and conveying the said fugitive to the limits of
the United States, as shall be necessary and within his powers; and his
powers shall expressly extend to command the aid of _posse_ of every
district through which the said fugitive is to be carried. And the said
justices, judges and other officers, shall use in the premises the same
process and proceedings, _mutatis mutandis_, and govern themselves by the
same principles and rules of law, as in cases of murder committed on the
high seas.
And the manner of demand by the United States and of compliance by the
Spanish government, shall be as follows. The person authorized by a
justice of the Supreme Court of the United States, or by the district
judge where the murder was committed, to pursue the fugitive, may apply
to ----
Evidence on oath, though written and _ex parte_, shall have the same
weight with the judge and grand jury in the preceding cases, as if the
same had been given before them orally and in presence of the prisoner.
The courts of justice of the said States and provinces, shall be
reciprocally open for the demand and recovery of debts due to any person
inhabiting the one, from any person fled therefrom and found in the other,
in like manner as they are open to their own citizens; likewise, for the
recovery of the property, or the value thereof, carried away from any
person inhabiting the one, by any person fled therefrom and found in the
other, which carrying away shall give a right of civil action, whether
the fugitive came to the original possession lawfully or unlawfully,
even feloniously; likewise, for the recovery of damages sustained by any
forgery committed by such fugitive. And the same provision shall hold
in favor of the representatives of the original creditor or sufferer,
and against the representatives of the original debtor, carrier away or
forger; also, in favor of either government or of corporations, as of
natural persons. But in no case, shall the person of the defendant be
imprisoned for the debt, though the process, whether original, mesne,
or final, be for the form sake directed against his person. If the time
between the flight and the commencement of the action exceed not ----
years, it shall be counted but as one day under any act of limitations.
This convention shall continue in force ---- years from the exchange of
ratifications, and shall not extend to anything happening previous to such
exchange.
_Heads of consideration on the establishment of conventions between the
United States and their neighbors, for the mutual delivery of fugitives
from justice._
Has a nation a right to punish a person who has not offended itself?
Writers on the law of nature agree that it has not. That, on the contrary,
exiles and fugitives are, to it, as other strangers, and have a right
of residence, unless their presence would be noxious; e. g. infectious
persons. One writer extends the exception to atrocious criminals, too
imminently dangerous to society; namely, to pirates, murderers, and
incendiaries. Vattel, L.1.5. 233.
The punishment of _piracy_ being provided for by our laws, need not be so
by convention.
_Murder._ Agreed that this is one of the extreme crimes justifying a
denial of habitation, arrest and re-delivery. It should be carefully
restrained by definition to homicide of _malice prepense, and not of the
nature of treason_.
_Incendiaries_, or those guilty of _arson_. This crime is so rare as not
to call for extraordinary provision by a convention. The only _rightful_
subject then of arrest and delivery, for which we have _need_, is
_murder_. Ought we to wish to strain the natural right of arresting and
re-delivering fugitives to other cases?
The punishment of all real crimes is certainly desirable, as a security to
society; the security is greater in proportion as the chances of avoiding
punishment are less. But does the fugitive, from his country avoid
punishment? He incurs exile, not voluntary, but under a moral necessity
as strong as physical. Exile, in some countries, has been the highest
punishment allowed by the laws. To most minds it is _next to death_;
to many _beyond it_. The fugitive indeed is not of the latter; he must
estimate it somewhat _less than death_. It may be said that to _some_, as
foreigners, it is no punishment.
Answer. These cases are few. Laws are to be made for the mass of cases.
The object of a convention then, in other cases, would be, that the
fugitive might not avoid the _difference between exile and the legal
punishment of the case_. Now in what case would this _difference_ be so
important, as to overweigh even the single inconvenience of multiplying
compacts?
1. _Treason._ This, when real, merits the highest punishment. But most
codes extend their definitions of treason to acts not really against one's
country. They do not distinguish between acts against the _government_ and
acts against the _oppressions of the government_; the latter are virtues;
yet they have furnished more victims to the executioner than the former;
because real treasons are rare; oppressions frequent. The unsuccessful
strugglers against tyranny, have been the chief martyrs of treason laws
in all countries.
Reformation of government with _our_ neighbors, being as much wanted
now as reformation of religion is, or ever was anywhere, we should not
wish then, to give up to the executioner, the patriot who fails, and
flees to us. Treasons then, taking the _simulated_ with the _real_, are
sufficiently punished by exile.
2. Crimes against _property_; the punishment in most countries, immensely
disproportionate to the crime.
In England and probably in Canada, to steal a horse is death, the first
offence; to steal above the value of twelve pence is death, the second
offence. All _excess_ of punishment is a crime. To remit a fugitive to
excessive punishment is to be accessary to the crime. Ought we to wish for
the obligation, or the right to do it? Better, on the whole, to consider
these crimes as sufficiently punished by the exile.
There is one crime, however, against property, pressed by its consequences
into more particular notice, to-wit:
_Forgery_, whether of _coin_ or _paper_; and whether paper of _public_ or
_private_ obligation. But the fugitive for forgery is punished by exile
and confiscation of the property he leaves; to which add by convention,
a civil action against the property he carries or acquires, to the amount
of the special damage done by his forgery.
The _carrying away_ of the property of another, may also be reasonably
made to found a _civil_ action. A convention then may include forgery and
the carrying away the property of others under the head of,
3. _Flight from debts._
To remit the fugitive in this case, would be to remit him in every case.
For in the present state of things, it is next to impossible not to owe
something. But I see neither injustice nor inconvenience in permitting the
fugitive to be sued in our courts. The laws of some countries punishing
the unfortunate debtor by perpetual imprisonment, he is right to liberate
himself by flight, and it would be wrong to re-imprison him in the
country to which he flies. Let all process, therefore, be confined to his
property.
_Murder_, not amounting to treason, being the only case in which the
fugitive is to be delivered:
On what _evidence_, and _by whom_, shall he be delivered?
In this country, let any justice of the Supreme Court of the United
States, or other judge of the district where the fugitive is found, use
the same proceedings as for a murder committed on the high seas, until
the _finding_ of the "_true bill_" by the grand jury; but evidence on oath
from the country demanding him, though in _writing_ and _ex parte_, should
have the same effect as if delivered _orally_ at the _examination_.
A true bill being found by the grand jury, let the officer in whose
custody the fugitive is, deliver him to the person charged to demand and
receive him.
In the British provinces adjoining us the same proceedings will do.
In the Spanish provinces, a proceeding adapted to the course of their laws
should be agreed on.
March 22, 1792.
TO GOUVERNEUR MORRIS.
Philadelphia, April 28, 1792.
Dear Sir,--My last letter to you was of the 10th of March. The preceding
one of January the 23d, had conveyed to you your appointment as Minister
Plenipotentiary to the court of France. The present will, I hope, find you
there. I now enclose you the correspondence between the Secretary of the
Treasury and minister of France, on the subject of the moneys furnished
to the distressed of their colonies. You will perceive that the minister
chose to leave the adjustment of the terms to be settled at Paris, between
yourself and the King's ministers. This you will therefore be pleased
to do on this principle; that we wish to avoid any loss by the mode of
payment, but would not choose to make a gain which should throw loss on
them. But the letters of the Secretary of the Treasury will sufficiently
explain the desire of the government, and be a sufficient guide to you.
I now enclose you the act passed by Congress for facilitating the
execution of the consular convention with France. In a bill which has
passed the House of Representatives for raising moneys for the support of
the Indian war, while the duties on every other species of wine are raised
from one to three-fourths more than they were, the best wines of France
will pay little more than the worst of any other country, to wit, between
six and seven cents a bottle; and where this exceeds forty per cent. on
their cost, they will pay but the forty per cent. I consider this latter
provision as likely to introduce in abundance the cheaper wines of France,
and the more so, as the tax on ardent spirits is considerably raised.
I hope that these manifestations of friendly dispositions towards that
country, will induce them to repeal the very obnoxious laws respecting
our commerce, which were passed by the preceding National Assembly. The
present session of Congress will pass over, without any other notice of
them than the friendly preferences before mentioned. But if these should
not produce a retaliation of good on their part, a retaliation of evil
must follow on ours. It will be impossible to defer longer than the
next session of Congress, some counter regulations for the protection
of our navigation and commerce. I must entreat you therefore, to avail
yourself of every occasion of friendly remonstrance on this subject.
If they wish an equal and cordial treaty with us, we are ready to enter
into it. We would wish that this could be the scene of negotiation, from
considerations suggested by the nature of our government, which will
readily occur to you. Congress will rise on this day sen'night. I enclose
you a letter from Mrs. Greene, who asks your aid in getting her son
forwarded by the Diligence to London, on his way to America. The letter
will explain to you the mode and the means, and the parentage and genius
of the young gentleman will insure your aid to him. As this goes by the
French packet, I send no newspapers, laws, or other articles of that kind,
the postage of which would be high.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 16, 1792.
Dear Sir,--The day after your departure, I received from a Mr. Green,
a merchant now at New York, through a third person, the following
communication: "that he had had very _late_ advices from Spain, _by
way of the Spanish islands_, to this effect, that war with France was
inevitable, that troops were marching from all quarters of the kingdom
to the frontiers, and that fifty sail of the line had been commissioned."
This was permitted to be mentioned to me, but, for particular reasons, to
no other persons. I suppose the particular reasons were some mercantile
speculation founded on the intelligence; perhaps it may be to buy up all
our flour. We have London news from the 1st of April, and nothing of this
is mentioned. I have a letter from Colonel Humphreys of March 18, which
says nothing of it. I am in hopes, therefore, the only effect will be
to get us a good price for our flour or fish; this being our look out,
while the success of the speculation is that of the adventurer. You will
recollect that we had learned the death of the Emperor of Morocco, after
a battle in which he was victorious. The brother opposed to him, it seems,
was killed in the same action, and the one--Muley Islema--who had been so
long in the sanctuary, is proclaimed Emperor. He was the best character of
the three, and is likely to be peaceable. This information is from Colonel
Humphreys. The Queen of Portugal is still in the same state. Wyllys does
not pronounce her curable, though he says there is nothing which indicates
the contrary. He has removed from her all her former physicians. Mr.
Madison has favored me with some corrections for my letter to Mr. H. It
is now in the hands of the Attorney General, and shall then be submitted
to Colonel Hamilton. I find that these examinations will retard the
delivery of it considerably. However, delay is preferable to error. Mr.
Pinckney is engaged in going over such papers of my office as may put him
in possession of whatever has passed between us and the court he is going
to. I have one hundred olive trees, and some caper plants, arrived here
from Marseilles, which I am sending on to Charleston, where, Mr. Pinckney
tells me, they have already that number living of those I had before sent
them. I have the honor to be, with sentiments of the most perfect respect
and attachment, dear Sir, your most obedient, and most humble servant.
TO MESSRS. DE VIAR AND DE JAUDENES.
Philadelphia, May 17, 1792.
Gentlemen,--We lately received from Mr. Leagrove, our Indian agent for
the Southern Department, a letter, of which the enclosed is an extract,
whereby it appeared that a party of the Creek Indians, under the influence
of the adventurer Bowles, had meditated some depredations on the Spanish
settlements, from which they had been diverted by a friend of our
agent, but that their disposition to do injury was, perhaps, not quite
extinguished. Sensible how much it is in the power of neighbor nations
to contribute to mutual happiness and prosperity, by faithfully using
their good offices wherever they can procure the peace and advantage
of each other, and feeling a union of interest with Spain in whatever
regards the adjacent possessions, we have not hesitated to give general
instructions to our agent in that department to cultivate in the Indians
the same friendly dispositions towards the Spanish settlements as towards
ourselves, and to promote their peace and interest in every case with the
same zeal as our own.
I have the honor to enclose you one of those orders, to congratulate you
on the intelligence that the leader, who gave occasion to this particular
interposition, is no longer in a situation to threaten further danger,
and to assure you that, as far as shall depend on us, we will, on every
future occasion, sincerely use what influence we may have with the Indians
to discountenance and prevent every measure they may meditate against the
peace or prosperity of your subjects.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 18, 1792.
Dear Sir,--Since I wrote you the day before yesterday, I have received
a letter of March 25, from Colonel Humphreys, informing me that the
Queen of Portugal was considerably better, as also mentioning the death
of the Emperor of Germany. What effect this last event will have on the
affairs of Europe, cannot be foreseen, the character of the successor
being absolutely unknown. He is twenty-four years of age. One would
conjecture that, if he has any dispositions to war, he would think a
little time necessary to get his election passed in form, to see if the
troubles within his dominions quieted by his father, would be likely to
break out or not, &c., and that this would hold him back one campaign.
Still, this event renders peace less certain, as the character of his
father was so decidedly pacific, that one might count on that. There
seems to have been a magnificent story current in London for the three or
four last days of March, of the capture of Seringapatam and Tippoo Saib,
great slaughter, &c.; but, on the 1st of April, the date of the latest
paper which the vessel brings (she is from Glasgow), it had died away to
a _hum_ raised by stock jobbers, who wanted to sell out. It did in fact
raise East India stock two or three per cent. Still it was not fallen into
entire discredit, as appears by some paragraphs, and consequently cannot
be decidedly pronounced untrue. Perhaps the contradiction of it was the
counter hum of those who wanted to buy in.
I have the honor to be, with great and sincere respect and attachment,
dear Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 23, 1792.
Dear Sir,--I have determined to make the subject of a letter what for some
time past has been a subject of inquietude to my mind, without having
found a good occasion of disburthening itself to you in conversation,
during the busy scenes which occupied you here. Perhaps, too, you may be
able in your present situation, or on the road, to give it more time and
reflection than you could do here at any moment.
When you first mentioned to me your purpose of retiring from the
government, though I felt all the magnitude of the event, I was in
a considerable degree silent. I knew that, to such a mind as yours,
persuasion was idle and impertinent; that before forming your decision you
had weighed all the reasons for and against the measure, had made up your
mind on full view of them, and that there could be little hope of changing
the result. Pursuing my reflections, too, I knew we were some day to try
to walk alone, and if the essay should be made while you should be alive
and looking on, we should derive confidence from that circumstance, and
resource, if it failed. The public mind, too, was calm and confident, and
therefore in a favorable state for making the experiment. Had no change of
circumstances intervened, I should not, with any hopes of success, have
now ventured to propose to you a change of purpose. But the public mind
is no longer confident and serene; and that from causes in which you are
no ways personally mixed. Though these causes have been hackneyed in the
public papers in detail, it may not be amiss, in order to calculate the
effect they are capable of producing, to take a view of them in the mass,
giving to each the form, real or imaginary, under which they have been
presented.
It has been urged, then, that a public debt, greater than we can possibly
pay, before other causes of adding new debt to it will occur, has been
artificially created by adding together the whole amount of the debtor and
creditor sides of accounts, instead of only taking their balances, which
could have been paid off in a short time: that this accumulation of debt
has taken forever out of our power those easy sources of revenue which,
applied to the ordinary necessities and exigencies of government, would
have answered them habitually, and covered us from habitual murmurings
against taxes and tax-gatherers, reserving extraordinary calls for those
extraordinary occasions which would animate the people to meet them:
that though the calls for money have been no greater than we must expect
generally, for the same or equivalent exigencies, yet we are already
obliged to strain the impost till it produces clamor, and will produce
evasion and war on our own citizens to collect it, and even to resort
to an _excise_ law of odious character with the people, partial in its
operation, unproductive unless enforced by arbitrary and vexatious means,
and committing the authority of the government in parts where resistance
is most probable and coercion least practicable. They cite propositions
in Congress, and suspect other projects on foot still to increase the
mass of debt. They say, that by borrowing at two-thirds of the interest,
we might have paid off the principal in two-thirds of the time; but that
from this we are precluded by its being made irredeemable but in small
portions and long terms; that this irredeemable quality was given it for
the avowed purpose of inviting its transfer to foreign countries. They
predict that this transfer of the principal, when completed, will occasion
an exportation of three millions of dollars annually for the interest,
a drain of coin, of which, as there has been no examples, no calculation
can be made of its consequences: that the banishment of our coin will be
complicated by the creation of ten millions of paper money, in the form of
bank bills now issuing into circulation. They think the ten or twelve per
cent. annual profit paid to the lenders of this paper medium taken out of
the pockets of the people, who would have had without interest the coin
it is banishing: that all the capital employed in paper speculation is
barren and useless, producing, like that on a gaming table, no accession
to itself, and is withdrawn from commerce and agriculture, where it
would have produced addition to the common mass: that it nourishes in our
citizens habits of vice and idleness, instead of industry and morality:
that it has furnished effectual means of corrupting such a portion of the
legislature as turns the balance between the honest voters, whichever
way it is directed: that this corrupt squadron, deciding the voice of
the legislature, have manifested their dispositions to get rid of the
limitations imposed by the Constitution on the general legislature,
limitations, on the faith of which, the States acceded to that instrument:
that the ultimate object of all this is to prepare the way for a change
from the present republican form of government to that of a monarchy,
of which the English constitution is to be the model: that this was
contemplated by the convention is no secret, because its partisans have
made more of it. To effect it then was impracticable, but they are still
eager after their object, and are predisposing everything for its ultimate
attainment. So many of them have got into the Legislature, that, aided
by the corrupt squadron of paper dealers, who are at their devotion, they
make a majority in both houses. The republican party, who wish to preserve
the government in its present form, are fewer in number; they are fewer
even when joined by the two, three, or half dozen anti-federalists, who,
though they dare not avow it, are still opposed to any general government;
but, being less so to a republican than a monarchical one, they naturally
join those whom they think pursuing the lesser evil.
Of all the mischiefs objected to the system of measures before mentioned,
none is so afflicting and fatal to every honest hope, as the corruption
of the Legislature. As it was the earliest of these measures, it became
the instrument for producing the risk, and will be the instrument for
producing in future a king, lords and commons, or whatever else those
who direct it may choose. Withdrawn such a distance from the eye of
their constituents, and these so dispersed as to be inaccessible to
public information, and particularly to that of the conduct of their own
representatives, they will form the most corrupt government on earth,
if the means of their corruption be not prevented. The only hope of
safety hangs now on the numerous representation which is to come forward
the ensuing year. Some of the new members will be, probably, either in
principle or interest, with the present majority; but it is expected
that the great mass will form an accession to the republican party. They
will not be able to undo all which the two preceding Legislatures, and
especially the first, have done. Public faith and right will oppose this.
But some parts of the system may be rightfully reformed, a liberation from
the rest unremittingly pursued as fast as right will permit, and the door
shut in future against similar commitments of the nation. Should the next
Legislature take this course, it will draw upon them the whole monarchical
and paper interest; but the latter, I think, will not go all lengths with
the former, because creditors will never, of their own accord, fly off
entirely from their debtors; therefore, this is the alternative least
likely to produce convulsion. But should the majority of the new members
be still in the same principles with the present, and show that we have
nothing to expect but a continuance of the same practices, it is not easy
to conjecture what would be the result, nor what means would be resorted
to for correction of the evil. True wisdom would direct that they should
be temperate and peaceable; but the division of sentiment and interest
happens unfortunately to be so geographical, that no mortal can say that
what is most wise and temperate would prevail against what is most easy
and obvious? I can scarcely contemplate a more incalculable evil than the
breaking of the Union into two or more parts. Yet when we consider the
mass which opposed the original coalescence; when we consider that it
lay chiefly in the Southern quarter; that the Legislature have availed
themselves of no occasion of allaying it, but on the contrary, whenever
Northern and Southern prejudices have come into conflict, the latter
have been sacrificed and the former soothed; that the owers of the debt
are in the Southern, and the holders of it in the Northern division;
that the anti-federal champions are now strengthened in argument by the
fulfillment of their predictions; that this has been brought about by
the monarchical federalists themselves, who, having been for the new
government merely as a stepping stone to monarchy, have themselves adopted
the very constructions of the Constitution, of which, when advocating
its acceptance before the tribunal of the people, they declared it
unsusceptible; that the republican federalists who espoused the same
government for its intrinsic merits, are disarmed of their weapons; that
which they denied as prophecy, having now become true history, who can
be sure that these things may not proselyte the small number which was
wanting to place the majority on the other side? And this is the event at
which I tremble, and to prevent which I consider your continuing at the
head of affairs as of the last importance. The confidence of the whole
Union is centred in you. Your being at the helm will be more than an
answer to every argument which can be used to alarm and lead the people
in any quarter, into violence and secession. North and South will hang
together if they have you to hang on; and if the first correction of a
numerous representation should fail in its effect, your presence will give
time for trying others, not inconsistent with the union and peace of the
States.
I am perfectly aware of the oppression under which your present office
lays your mind, and of the ardor with which you pant for domestic life.
But there is sometimes an eminence of character on which society have such
peculiar claims as to control the predelictions of the individual for
a particular walk of happiness, and restrain him to that alone arising
from the present and future benedictions of mankind. This seems to be
your condition, and the law imposed on you by providence in forming your
character, and fashioning the events on which it was to operate; and it
is to motives like these, and not to personal anxieties of mine or others
who have no right to call on you for sacrifices, that I appeal, and urge
a revisal of it, on the ground of change in the aspect of things. Should
an honest majority result from the new and enlarged representation; should
those acquiesce whose principles or interest they may control, your wishes
for retirement would be gratified with less danger, as soon as that shall
be manifest, without awaiting the completion of the second period of four
years. One or two sessions will determine the crisis; and I cannot but
hope that you can resolve to add more to the many years you have already
sacrificed to the good of mankind.
The fear of suspicion that any selfish motive of continuance in office
may enter into this solicitation on my part, obliges me to declare that
no such motive exists. It is a thing of mere indifference to the public
whether I retain or relinquish my purpose of closing my tour with the
first periodical renovation of the government. I know my own measure
too well to suppose that my services contribute anything to the public
confidence, or the public utility. Multitudes can fill the office in
which you have been pleased to place me, as much to their advantage
and satisfaction. I have, therefore, no motive to consult but my own
inclination, which is bent irresistibly on the tranquil enjoyment of my
family, my farm and my books. I should repose among them, it is true, in
far greater security, if I were to know that you remained at the watch;
and I hope it will be so. To the inducements urged from a view of our
domestic affairs, I will add a bare mention, of what indeed need only to
be mentioned, that weighty motives for your continuance are to be found
in our foreign affairs. I think it probable that both the Spanish and
English negotiations, if not completed before your purpose is known, will
be suspended from the moment it is known, and that the latter nation will
then use double diligence in fomenting the Indian War. With my wishes for
the future, I shall at the same time express my gratitude for the past,
at least my portion in it; and beg permission to follow you, whether in
public or private life, with those sentiments of sincere attachment and
respect, with which I am unalterably, dear Sir, your affectionate friend
and humble servant.
MR. JEFFERSON, SECRETARY OF STATE OF THE UNITED STATES, TO MR. HAMMOND.
Philadelphia, May 29, 1792.
Sir,--Your favor of March 5th has been longer unanswered than consisted
with my wishes, to forward as much as possible explanations of the
several matters it contained. But these matters were very various, and
the evidence of them not easily to be obtained, even were it could be
obtained at all. It has been a work of time and trouble, to collect from
the different States all the acts themselves, of which you had cited the
titles, and to investigate the judiciary decisions which were classed with
those acts as infractions of the treaty of peace. To these causes of delay
may be added the daily duties of my office, necessarily multiplied during
the sessions of the Legislature.