In your letter of the 27th of June, you were so good as to tell me, that you should shortly send off some of the books I had taken the liberty to ask you to get for me, and that your correspondent at Bayonne, would give me notice of their arrival there. Not having heard from him, I mention it to you, lest they should be stopped anywhere.
I am, with great respect, dear Sir, your most obedient humble servant.
Paris, November 4, 1785.
Sir,—I wrote you a short letter on the 29th of September, acknowledging the receipt of yours of August the 24th, from Algiers, and promising that you should hear further from me soon. Mr. Adams, the American minister at London, and myself, have agreed to authorize the bearer hereof, Mr. Lambe, to treat for your redemption, and that of your companions taken in American vessels, and, if it can be obtained for sums within our power, we shall have the money paid. But in this, we act without instruction from Congress, and are therefore obliged to take the precaution of requiring, that you bind your owners for yourself and crew, and the other captain, in like manner, his owners for himself and crew, and that each person, separately, make himself answerable for his own redemption, in case Congress requires it. I suppose Congress will not require it; but we have no authority to decide that, but must leave it to their own decision; which renders necessary the precautions I have mentioned, in order to justify ourselves for undertaking to redeem you, without orders. Mr. Lambe is instructed to make no bargain without your approbation,and that of the other prisoners, each for himself. We also direct him to relieve your present necessities. I sincerely wish you a speedy deliverance from your distresses, and a happy return to your family.
I am, Sir, your most obedient humble servant.
Paris, November 12, 1785.
Sir,—I received the honor of your letter of the 25th ult., written by desire of the associated company of Irish merchants, in London, and return you thanks for the kind congratulations you express therein. The freedom of commerce between Ireland and America is undoubtedly very interesting to both countries. If fair play be given to the natural advantages of Ireland, she must come in for a distinguished share of that commerce. She is entitled to it, from the excellence of some of her manufactures, the cheapness of most of them, their correspondence with the American taste, a sameness of language, laws and manners, a reciprocal affection between the people, and the singular circumstance of her being the nearest European land to the United States. I am not at present so well acquainted with the trammels of Irish commerce, as to know what they are, particularly, which obstruct the intercourse between Ireland and America; nor, therefore, what can be the object of a fleet stationed in the western ocean, to intercept that intercourse. Experience, however, has taught us to infer that the fact is probable, because it is impolitic. On the supposition that this interruption will take place, you suggest Ostend as a convenient entrepôt for the commerce between America and Ireland. Here, too, I find myself, on account of the same ignorance of your commercial regulations, at a loss to say why this is preferable to L'Orient, which, you know, is a free port and in great latitude, which is nearer to both parties, and accessible by a less dangerous navigation. I make no doubt, however, that the reasons of the preference are good. You find by this essay, that I am not likely to be a veryinstructive correspondent; you shall find me, however, zealous in whatever may concern the interests of the two countries. The system, into which the United States wished to go, was that of freeing commerce from every shackle. A contrary conduct in Great Britain will occasion them to adopt the contrary system, at least as to that island. I am sure they would be glad, if it should be found practicable, to make that discrimination between Great Britain and Ireland, which their commercial principles, and their affection for the latter, would dictate.
I have the honor to be, with the highest respect for yourself and the company for whom you write, Sir, your most obedient and most humble servant.
Paris, November 14, 1785.
Sir,—I take the liberty of troubling your Excellency on behalf of six citizens of the United States, who have been, for some time, confined in the prison of St. Pol de Leon, and of referring for particulars, to the enclosed state of their case. Some of the material facts, therein mentioned, are founded on the bill of sale for the vessel, her clearance from Baltimore, and her log book. The originals of the two last, and a copy of the first, are in my hands. I have, also, letters from a merchant in Liverpool to Asquith, which render it really probable that his vessel was bound to Liverpool. The other circumstances depend on their affirmation, but I must say, that in these facts, they have been uniform and steady. I have thus long avoided troubling your Excellency with this case, in hopes it would receive its decision, in the ordinary course of law, and I relied, that that would indemnify the sufferers, if they had been used unjustly; but though they have been in close confinement, now near three months, it has yet no appearance of approaching to decision. In the meantime, the cold of the winter is coming on, and, to men in their situation, may produce events which would render all indemnificationtoo late. I must, therefore, pray the assistance of your Excellency, for the liberation of their persons, if the established order of things may possibly admit of it. As to their property, and their personal sufferings hitherto, I have full confidence that the laws have provided some tribunal, where justice will be done them. I enclose the opinion of an advocate, forwarded to me by a gentleman whom I had desired to obtain, from some judicious person of that faculty, a state of their case. This may perhaps give a better idea than I can, of the situation of their cause. His inquiries have led him to believe they are innocent men, but that they must lose their vessel under the edict, which forbids those under thirty tons to approach the coast. Admitting their innocence, as he does, I should suppose them not the objects, on whom such an edict was meant to operate. The essential papers, which he says they re-demanded from him, and did not return, were sent to me, at my desire.
I am, with sentiments of the highest respect, your Excellency's most obedient, and most humble servant.
The case of Lister Asquith, owner of the schooner William and Catharine, William M'Neil, captain, William Thomson, William Neily, Robert Anderson, mariners, and William Fowler, passenger.
Lister Asquith, citizen of the State of Maryland, having a law-suit depending in England, which required his presence, as involving in its issue nearly his whole fortune, determined to go thither in a small schooner of his own, that he might, at the same time, take with him an adventure of tobacco and flour to Liverpool, where he had commercial connections. This schooner he purchased as of fifty-nine and a quarter tons, as appears by his bill of sale, but she had been registered by her owner at twenty-one tons, in order to evade the double duties in England, to which American vessels are now subject. He cleared out from Baltimore for Liverpool, the 11th of June, 1785, with eight hogsheads of tobacco and sixty barrels of flour, but ran agroundat Smith's point, sprung a leak, and was obliged to return to Baltimore to refit. Having stopped his leak, he took his cargo on board again, and his health being infirm, he engaged Captain William M'Neil[115]to go with him, and, on the 20th of June, sailed for Norfolk in Virginia, and, on the 22d, came to in Hampton road, at the mouth of the river on which Norfolk is. Learning here that tobacco would be better than flour for the English market, he landed fifty barrels of his flour and one hogshead of tobacco, which he found to be bad, meaning to take, instead thereof, nine hogsheads of tobacco more. But the same night it began to blow very hard, with much rain. The 23d, the storm became more heavy; they let go both their anchors, but were driven, notwithstanding, from their anchorage, forced to put to sea and to go before the wind. The occurrences of their voyage will be best detailed by short extracts from the log-book.
June 24.The weather becomes worse. One of the fore shrouds and the foremast carried away.
June 25.Shifted their ballast which threw them on their beam ends, and shipped a very heavy sea. Held a consultation, the result of which was, that seeing they were now driven so far to sea, and the weather continuing still very bad, it was better to steer for Liverpool, their port of destination, though they had not their cargo on board, and no other clearance but that which they took from Baltimore.
June 29.The first observation they had been able to take N. lat. 38° 13´.
June 30.Winds begin to be light, but the sea still very heavy.
July 5.Light winds and a smooth sea for the first time, in lat. 43° 12´.
July 9.Spoke a French brig, Comte d'Artois, Captain Mieaux,from St. Maloes, in distress for provisions. Relieved her with three barrels of flour.
Aug. 6.Thick weather and a strong wind. Made the Lands' End of England.
Aug. 7.Unable to fetch the land, therefore bore off for Scilly, and came to with both anchors. Drove, notwithstanding, and obliged to get up the anchors, and put to sea, running southwardly.
Aug. 8.Made the land of France, but did not know what part.
Here the logbook ends. At this time they had on board but ten gallons of water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and all their materials for mending them exhausted by the constant repairs which the violence of the weather had called for. They therefore took a pilot aboard, who carried them into Pont Duval; but being informed by the captain of a vessel there that the schooner was too sharp built (as the American vessels mostly are) to lie in that port, they put out immediately, and the next morning the pilot brought them to anchor in the road of the Isle de Bas. Asquith went immediately to Roscaff, protested at the admiralty the true state of his case, and reported his vessel and cargo at the custom-house. In making the report of his vessel, he stated her as of twenty-one tons, according to his register. The officer informed him that if she was no larger, she would be confiscated by an edict, which forbids all vessels under thirty tons to approach the coast. He told the officer what was the real truth as to his register and his bill of sale, and was permitted to report her according to the latter. He paid the usual fees of ten livres and seven sols, and obtained a clearance. Notwithstanding this, he was soon visited by other persons whom he supposes to have been commis of the Fermes, who seized his vessel, carried her to the pier, and confined the crew to the vessel and half the pier, putting sentinels over them. They brought a guager, who measured only her hold and part of her steerage,allowing nothing for the cockpit, cabin, forecastle, and above one-half of the steerage, which is almost half the vessel, and thus made her contents (if that had been of any importance) much below the truth. The tobacco was weighed, and found to be six thousand four hundred and eighty-seven pounds,[116]which was sent on the 18th to Landivisian, and on the 19th they were committed to close prison at St. Pol de Leon, where they have been confined ever since. They had, when they first landed, some money, of which they were soon disembarrassed by different persons, who, in various forms, undertook to serve them. Unable to speak or understand a word of the language of the country, friendless, and left without money, they have languished three months in a loathsome jail, without any other sustenance, a great part of the time, than what could be procured for three sous a day, which have been furnished them to prevent their perishing.
They have been made to understand that a criminal process is going on against them under two heads. 1. As having sold tobacco in contraband; and 2, as having entered a port of France in a vessel of less than thirty tons burthen. In support of the first charge, they understand that the circumstance is relied on, of their having been seen off the coast by theemployés des Fermesone or two days. They acknowledge they may have been so seen while beating off Pont Duval till they could get a pilot while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this have been explained. They further add, that all the time they were at Pont Duval they had a King's officer on board, from whom, as well as from their pilot and the captain, by whose advice they left that port for the Isle de Bas, information can be obtained by their accusers(who are not imprisoned), of the true motives for that measure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a suspicion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as is always necessary, and is always done, to fill up the stowage, and to consolidate and keep the whole mass firm, and in place. The loose tobacco which had come out of the broken hogshead, they repacked in bags; but in the course of the distress of their disastrous voyage, they had employed these bags, as they had done everything else of the same nature, in mending their sails. The condition of their sails, when they came into port, will prove this, and they were seen by witnesses enough, to whom their accusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact which, had it taken place, might have been proved; but they deny that it has been proved, or ever can be proved by true men, because it never existed. And they hope the justice of this country does not permit strangers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibility of a fact, without any proof. More especially when, as in the present case, a demonstration to the contrary is furnished by their clearance, which shows they never had more than eight hogsheads of tobacco on board, of which one had been put ashore at Hampton in Virginia, as has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast offered a much fairer field, because the gain there is as great; because they understand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circumstances are so important to smugglers, that it is believed no instance has ever occurred of the contraband of tobacco, attempted on this side the channel by a crew wholly American. Be this as it may, they are not of that description of men.
As to the second charge, that they have entered a port of France in a vessel of less than thirty tons burthen, they, in thefirst place, observe that they saw the guager measure the vessel, and affirm that his method of measuring could render little more than half her true contents; but they say, further, that were she below the size of thirty tons, and, when entering the port, had they known of the alternative of either forfeiting their vessel and cargo, or of perishing at sea, they must still have entered the port: the loss of their vessel and cargo being the lesser evil. But the character of the lawgiver assures them, that the intention of his laws are perverted when misapplied to persons who, under their circumstances, take refuge in his ports. They have no occasion to recur from his clemency to his justice, by claiming the benefit of that article in the treaty which binds the two nations together, and which assures to the fugitives of either from the dangers of the sea, a hospitable reception and necessary aids in the ports of the other, and that without measuring the size of their vessel.
Upon the whole, they protest themselves to have been as innocent as they have been unfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no circumstance anything but proofs of guilt. They have already long suffered, and are still suffering, whatever scanty sustenance an inclement season and close confinement can offer most distressing to men who have been used to neither, and who have wives and children at home participating of their distresses; they are utterly ignorant of the laws and language of the country where they are suffering; they are deprived of that property which would have enabled them to procure counsel to place their injuries in a true light; they are distant from the stations of those who are appointed by their country to patronize their rights; they are not at liberty to go to them, nor able to have communication through any other than the uncertain medium of the posts; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energies maybe interposed in aid of their poverty and ignorance, to restore them to their liberty, and to extend to them that retribution which the laws of every country mean to extend to those who suffer unjustly.
Paris, November 19, 1785.
Dear Sir,—I wrote to you, on the 11th of October, by Mr. Preston, and again on the 18th of the same month, by post. Since that, yours of September the 25th, by Mr. Boylston, of October the 24th, November the 1st, and November the 4th, have come safe to hand. I will take up their several subjects in order. Boylston's object was, first, to dispose of a cargo of spermaceti oil, which he brought to Havre. A secondary one, was to obtain a contract for future supplies. I carried him to the Marquis de La Fayette. As to his first object, we are in hopes of getting the duties taken off, which will enable him to sell his cargo. This has led to discussions with the ministers, which give us a hope that we may get the duties taken offin perpetuum. This done, a most abundant market for our oil will be opened by this country, and one which will be absolutely dependent on us; for they have little expectation themselves of establishing a successful whale fishery. It is possible they may only take the duties off of those oils, which shall be the produce of associated companies of French and American merchants. But, as yet, nothing certain can be said.
I thank you for the trouble you have taken to obtain insurance on Houdon's life. I place the thirty-two pounds and eleven shillings to your credit, and not being able, as yet, to determine precisely how our account stands, I send a sum by Colonel Smith, which may draw the scales towards a balance.
The determination of the British cabinet to make no equal treaty with us, confirms me in the opinion expressed in your letter of October the 24th, that the United States must pass anavigation act against Great Britain, and load her manufactures with duties, so as to give a preference to those of other countries; and I hope our Assemblies will wait no longer, but transfer such a power to Congress, at the sessions of this fall. I suppose, however, it will only be against Great Britain, and I think it will be right not to involve other nations in the consequences of her injustice. I take for granted, that the commercial system, wished for by Congress, was such a one as should leave commerce on the freest footing possible. This was the plan on which we prepared our general draught for treating with all nations. Of those with whom we were to treat, I ever considered England, France, Spain, and Portugal as capitally important; the first two, on account of their American possessions, the last, for their European as well as American. Spain is treating in America, and probably will give an advantageous treaty. Portugal shows dispositions to do the same. France does not treat. It is likely enough she will choose to keep the staff in her own hands. But, in the meantime, she gives us an access to her West Indies, which, though not all we wish, is yet extremely valuable to us; this access, indeed, is much affected by the lateArretsof the 18th and 25th of September, which I enclose to you. I consider these as a reprisal for the navigation acts of Massachusetts and New Hampshire. The minister has complained to me, officially, of these acts, as a departure from the reciprocity stipulated for by the treaty. I have assured him that his complaints shall be communicated to Congress, and, in the meantime, observed that the example of discriminating between foreigners and natives had been set by theArretof August, 1784, and still more remarkably by those of September the 18th and 25th, which, in effect, are a prohibition of our fish in their islands. However, it is better for us that both sides should revise what they have done. I am in hopes this country did not mean these as permanent regulations. Mr. Bingham, lately from Holland, tells me that the Dutch are much dissatisfied with these acts. In fact, I expect the European nations in general, will rise up against an attempt of this kind, and wage a general commercialwar against us. They can do well without all our commodities, except tobacco, and we cannot find elsewhere markets for them. The selfishness of England alone will not justify our hazarding a contest of this kind against all Europe. Spain, Portugal, and France, have not yet shut their doors against us; it will be time enough when they do to take up the commercial hatchet. I hope, therefore, those States will repeal their navigation clauses, except as against Great Britain and other nations not treating with us.
I have made the inquiries you desire as to American ship-timber for this country. You know they sent some person (whose name was not told us) to America, to examine the quality of our masts, spars, &c. I think this was young Chaumont's business. They have, besides this, instructed the officer who superintends their supplies of masts, spars, &c., to procure good quantities from our northern States; but I think they have made no contract; on the contrary, that they await the trials projected, but with a determination to look to us for considerable supplies, if they find our timber answer. They have on the carpet a contract for live oak from the southern States.
You ask why the Virginian merchants do not learn to sort their own tobaccos? They can sort them as well as any other merchants whatever. Nothing is better known than the quality of every hogshead of tobacco, from the place of its growth. They know, too, the particular qualities required in every market. They do not send their tobaccos, therefore, to London to be sorted, but to pay their debts; and though they could send them to other markets, and remit the money to London, yet they find it necessary to give their English merchant the benefit of the consignment of their tobacco (which is enormously gainful), in order to induce him to continue his indulgence for the balance due.
Is it impossible to persuade our countrymen to make peace with the Nova Scotians? I am persuaded nothing is wanting but advances on our part; and that it is in our power to draw off the greatest proportion of that settlement, and thus to freeourselves from rivals who may become of consequence. We are at present co-operating with Great Britain, whose policy it is to give aliment to that bitter enmity between her States and ours, which may secure her against their ever joining us. But would not the existence of a cordial friendship between us and them, be the best bridle we could possibly put into the mouth of England?
With respect to the Danish business, you will observe that the instructions of Congress, article 3, of October the 29th, 1783, put it entirely into the hands of theMinisters Plenipotentiary of the United States of America at the court of Versailles, empowered to negotiate a peace, or to any one or more of them. At that time, I did not come under this description. I had received the permission of Congress to decline coming in the spring preceding that date. On the first day of November, 1783, that is to say, two days after the date of the instructions to the commissioners, Congress recommended John Paul Jones to the Minister Plenipotentiary of the United States at Versailles as agent, to solicit, under his direction, the payment of all prizes taken in Europe, under his command. But the object under their view, at that time, was assuredly the money due from the court of Versailles, for the prizes taken in the expedition by theBon homme Richard, the Alliance, &c. In this business, I have aided him effectually, having obtained a definitive order for paying the money to him, and a considerable proportion being actually paid him. But they could not mean by their resolution of November the 1st, to take from the commissioners powers which they had given them two days before. If there could remain a doubt that this whole power has resulted to you, it would be cleared up by the instructions of May the 7th, 1784, article 9, which declare, "that these instructions be considered as supplementary to those of October the 29th, 1783, and not as revoking, except where they contradict them;" which shows that they considered the instructions of October the 29th, 1783, as still in full force. I do not give you the trouble of this discussion, to save myself the trouble of the negotiation. I should have no objections tothis part; but it is to avoid the impropriety of meddling in a matter wherein I am unauthorized to act, and where anything I should pretend to conclude with the court of Denmark might have the appearance of a deception on them. Should it be in my power to render any service in it, I shall do it with cheerfulness; but I repeat, that I think you are the only person authorized.
I received, a few days ago, theNuova minutaof Tuscany, which Colonel Humphreys will deliver you. I have been so engaged, that I have not been able to go over it with any attention. I observe, in general, that the order of the articles is entirely deranged, and their diction almost totally changed. When you shall have examined it, if you will be so good as to send me your observations by post, in cypher, I will communicate with you in the same way, and try to mature this matter.
The deaths of the Dukes of Orleans and Praslin will probably reach you through the channel of the public papers, before this letter does. Your friends the Abbés are well, and always speak of you with affection. Colonel Humphreys comes to pass some time in London. My curiosity would render a short trip thither agreeable to me also, but I see no probability of taking it. I will trouble you with my respects to Dr. Price. Those to Mrs. Adams, I witness in a letter to herself.
I am, with very great esteem, dear Sir, your most obedient, and most humble servant.
Paris, November 20, 1785.
Sir,—I found here, on my return from Fontainebleau, the letter of October the 30th, which your Excellency did me the honor there, of informing me had been addressed to me at this place; and I shall avail myself of the first occasion of transmitting it to Congress, who will receive, with great pleasure, these new assurancesof the friendly sentiments which his Majesty is pleased to continue towards the United States.
I am equally persuaded they will pay the most serious attention to that part of your Excellency's letter, which mentions the information you have received of certain acts or regulations of navigation and commerce, passed in some of the United States, which are injurious to the commerce of France. In the meantime, I wish to remove the unfavorable impressions which those acts seem to have made, as if they were a departure from the reciprocity of conduct, stipulated for by the treaty of February the 6th, 1776. The effect of that treaty is, to place each party with the other always on the footing of the most favored nation. But those, who framed the acts, probably did not consider the treaty as restraining either from discriminating between foreigners and natives. Yet this is the sole effect of these acts. The same opinion as to the meaning of the treaty seems to have been entertained by this government, both before and since the date of these acts. For theArretof the King's Council, of August the 30th, 1784, furnished an example of such a discrimination between foreigners and natives, importing salted fish into his Majesty's dominions in the West Indies; by laying a duty on that imported by foreigners, and giving out the same, in bounty, to native importers. This opinion shows itself more remarkably in the lateArretsof the 18th and 25th of September, which, increasing to excess the duty on foreign importations of fish into the West Indies, giving the double, in bounty, on those of natives, and thereby rendering it impossible for the former to sell in competition with the latter, have, in effect, prohibited the importation of that article by the citizens of the United States.
Both nations, perhaps, may come into the opinion, that their friendship and their interests may be better cemented, by approaching the condition of their citizens, reciprocally, to that ofnatives, as a better ground of intercourse than that ofthe most favored nation. I shall rest with hopes of being authorized, in due time, to inform your Excellency that nothing will be wanting, on our part, to evince a disposition to concur inrevising whatever regulations may, on either side, bear hard on the commerce of the other nation. In the meantime, I have the honor to assure you of the profound respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant.
Paris, November 27, 1785.
Dear Sir,—Your favor of the 5th came to hand yesterday, and Colonel Smith, and Colonel Humphreys (by whom you will receive one of the 19th, from me) being to set out to-morrow, I hasten to answer it. I sincerely rejoice that Portugal is stepping forward in the business of treaty, and that there is a probability that we may at length do something under our commissions, which may produce a solid benefit to our constituents. I as much rejoice, that it is not to be negotiated through the medium of the torpid, uninformed machine, at first made use of. I conjecture, from your relation of the conference with the Chevalier de Pinto, that he is well informed and sensible. So much the better. It is one of those cases, where the better the interest of the two parties are understood, the broader will be the basis on which they will connect them.
To the very judicious observations on the subjects of the conference, which were made by you, I have little to add.
Flour.It may be observed, that we can sell them the flour ready manufactured for much less than the wheat of which it is made. In carrying to them wheat, we carry also the bran, which does not pay its own freight. In attempting to save and transport wheat to them, much is lost by the weavil, and much spoiled by heat in the hold of the vessel. This loss must be laid on the wheat which gets safe to market, where it is paid for by the consumer. Now, this is much more than the cost of manufacturing it with us, which would prevent that loss. I suppose the cost of manufacturing does not exceed seven per cent.on the value. But the loss by the weavil, and other damage on shipboard, amount to much more. Let them buy of us as much wheat as will make a hundred weight of flour. They will find that they have paid more for the wheat than we should have asked for the flour, besides having lost the labor of their mills in grinding it. The obliging us, therefore, to carry it to them in the form of wheat, is a useless loss to both parties.
Iron.They will get none from us. We cannot make it in competition with Sweden, or any other nation of Europe, where labor is so much cheaper.
Wines.The strength of the wines of Portugal will give them always an almost exclusive possession of a country, where the summers are so hot as in America. The present demand will be very great, if they will enable us to pay for them; but if they consider the extent and rapid population of the United States, they must see that the time is not distant, when they will not be able to make enough for us, and that it is of great importance to avail themselves of the prejudices already established in favor of their wines, and to continue them by facilitating the purchase. Let them do this, and they need not care for the decline of their use in England. They will be independent of that country.
Salt.I do not know where the northern States supplied themselves with salt, but the southern ones took great quantities from Portugal.
CottonandWool. The southern States will take manufactures of both: the northern will take both the manufactures and raw materials.
East India goods of every kind.Philadelphia and New York have begun trade to the East Indies. Perhaps Boston may follow their example. But their importations will be sold only to the country adjacent to them. For a long time to come, the States south of the Delaware will not engage in a direct commerce with the East Indies. They neither have, nor will have ships or seamen for their other commerce: nor will they buy East India goods of the northern States. Experience shows thatthe States never bought foreign good of one another. The reasons are, that they would, in so doing, pay double freight and charges; and again, that they would have to pay mostly in cash, what they could obtain for commodities in Europe. I know that the American merchants have looked, with some anxiety, to the arrangements to be taken with Portugal, in expectation that they could, through her, get their East India articles on better and more convenient terms; and I am of opinion, Portugal will come in for a good share of this traffic with the southern States, if they facilitate our payments.
Coffee.Can they not furnish us with this article from Brazil?
Sugar.The Brazil sugars are esteemed, with us, more than any other.
Chocolate.This article, when ready made, as also the cocoa, becomes so soon rancid, and the difficulties of getting in fresh have been so great in America, that its use has spread but little. The way to increase its consumption would be, to permit it to be brought to us immediately from the country of its growth. By getting it good in quality, and cheap in price, the superiority of the article, both for health and nourishment, will soon give it the same preference over tea and coffee in America, which it has in Spain, where they can get it by a single voyage, and, of course, while it is sweet. The use of the sugars, coffee, and cotton of Brazil, would also be much extended by a similar indulgence.
Ginger and spices from the Brazils, if they had the advantage of a direct transportation, might take place of the same articles from the East Indies.
Ginseng.We can furnish them with enough to supply their whole demand for the East Indies.
They should be prepared to expect, that in the beginning of this commerce, more money will be taken by us, than after awhile. The reasons are, that our heavy debt to Great Britain must be paid, before we shall be masters of our own returns; and again, that habits of using particular things are produced only by time and practice.
That as little time as possible may be lost in this negotiation,I will communicate to you, at once, my sentiments as to the alterations in the draught sent them, which will probably be proposed by them, or which ought to be proposed by us, noting only those articles.
Article 3. They will probably restrain us to their dominions in Europe. We must expressly include the Azores, Madeiras, and Cape de Verd islands, some of which are deemed to be in Africa. We should also contend for an access to their possessions in America, according to the gradation in the 2d article of our instructions of May the 7th, 1784. But if we can obtain it in no one of these forms, I am of opinion we should give it up.
Article 4. This should be put into the form we gave it, in the draught sent you by Dr. Franklin and myself, for Great Britain. I think we had not reformed this article, when we sent our draught to Portugal. You know the Confederation renders the reformation absolutely necessary; a circumstance which had escaped us at first.
Article 9. Add, from the British draught, the clause about wrecks.
Article 13. The passage "nevertheless," &c., to run as in the British draught.
Article 18. After the word "accident," insert "or wanting supplies of provisions or other refreshments." And again, instead of "take refuge," insert "come," and after "of the other" insert "in any part of the world." The object of this is to obtain leave for our whaling vessels to refit and refresh on the coast of the Brazils; an object of immense importance to that class of our vessels. We must acquiesce under such modifications as they may think necessary, for regulating this indulgence, in hopes to lessen them in time, and to get apied a terrein that country.
Article 19. Can we get this extended to the Brazils? It would be precious in case of a war with Spain.
Article 23. Between "places" and "whose," insert "and in general, all others," as in the British draught.
Article 24. For "necessaries," substitute "comforts."
Article 25. Add "but if any such consuls shall exercise commerce," &c., as in the British draught.
We should give to Congress as early notice as possible of the re-institution of this negotiation; because, in a letter by a gentleman who sailed from Havre, the 10th instant, I communicated to them the answer of the Portuguese minister, through the ambassador here, which I sent to you. They may, in consequence, be making other arrangements which might do injury. The little time which now remains, of the continuance of our commissions, should also be used with the Chevalier de Pinto, to hasten the movements of his court.
But all these preparations for trade with Portugal will fail in their effect, unless the depredations of the Algerines can be prevented. I am far from confiding in the measures taken for this purpose. Very possibly war must be recurred to. Portugal is at war with them. Suppose the Chevalier de Pinto was to be sounded on the subject of an union of force, and even a stipulation for contributing, each, a certain force, to be kept in constant cruise. Such a league once begun, other nations would drop into it, one by one. If he should seem to approve it, it might then be suggested to Congress, who, if they should be forced to try the measure of war, would doubtless be glad of such an ally. As the Portuguese negotiation should be hastened, I suppose our communications must often be trusted to the post, availing ourselves of the cover of our cypher.
I am, with sincere esteem, dear Sir, your friend and servant.
Paris, December 4, 1785.
Dear Sir,—I enclose you a letter from Gatteaux, observing that there will be an anachronism, if, in making a medal to commemorate the victory of Saratoga, he puts on General Gates the insignia of the Cincinnati, which did not exist at that date. Iwrote him, in answer, that I thought so too, but that you had the direction of the business; that you were now in London; that I would write to you, and probably should have an answer within a fortnight; and, that in the meantime, he could be employed on other parts of the die. I supposed you might not have observed, on the print of General Gates, the insignia of the Cincinnati, or did not mean that that particular should be copied. Another reason against it strikes me. Congress have studiously avoided giving to the public their sense of this institution. Should medals be prepared, to be presented from them to certain officers, and bearing on them the insignia of the order, as the presenting them would involve an approbation of the institution, a previous question would be forced on them, whether they would present these medals? I am of opinion it would be very disagreeable to them to be placed under the necessity of making this declaration. Be so good as to let me know your wishes on this subject, by the first post.
Mr. Short has been sick ever since you left us. Nothing new has occurred here, since your departure. I imagine you have American news. If so, pray give us some. Present me affectionately to Mr. Adams and the ladies, and to Colonel Smith; and be assured of the esteem with which I am, dear Sir, your friend and servant.
Paris, December 10, 1785.
Dear Sir,—On the arrival of Mr. Boylston, I carried him to the Marquis de La Fayette, who received from him communications of his object. This was to get a remission of the duties on his cargo of oil, and he was willing to propose a future contract. I suggested, however, to the Marquis, when we were alone, that instead of wasting our efforts on individual applications, we had better take up the subject on general ground, and whatever could be obtained, let it be common to all. He concurred with me. As the jealousy of office between ministersdoes not permit me to apply immediately to the one in whose department this was, the Marquis's agency was used. The result was, to put us on the footing of the Hanseatic towns, as to whale oil, and to reduce the duties to eleven livres and five sols for five hundred and twenty pounds, French, which is very nearly two livres on the English hundred weight, or about a guinea and a half the ton. But the oil must be brought in American or French ships, and the indulgence is limited to one year. However, as to this, I expressed to Count de Vergennes my hopes that it would be continued; and should a doubt arise, I should propose, at the proper time, to claim it under the treaty, on the footinggentis amicissimæ. After all, I believe Mr. Boylston has failed of selling to Sangrain, and, from what I learn, through a little too much hastiness of temper. Perhaps they may yet come together, or he may sell to somebody else.
When the general matter was thus arranged, a Mr. Barrett arrived here from Boston, with letters of recommendation from Governor Bowdoin, Cushing, and others. His errand was, to get the whale business here put on a general bottom, instead of the particular one, which had been settled, you know, the last year, for a special company. We told him what was done. He thinks it will answer, and proposes to settle at L'Orient, for conducting the sales of the oil, and the returns. I hope, therefore, that this matter is tolerably well fixed, as far as the consumption of this country goes. I know not, as yet, to what amount that is; but shall endeavor to find out how much they consume, and how much they furnish themselves. I propose to Mr. Barrett, that he should induce either his State or individuals to send a sufficient number of boxes of the spermaceti candle, to give one to every leading house in Paris; I mean to those who lead the ton; and, at the same time, to deposit a quantity for sale here, and advertise them in thepetites affiches. I have written to Mr. Carmichael, to know on what footing the use and introduction of the whale oil is there, or can be placed.
I have the honor to be, with very sincere esteem, dear Sir, your most obedient humble servant.
Paris, December 22, 1785.
Sir,—The death of the late General Oglethorpe, who had considerable possessions in Georgia, has given rise, as we understand, to questions whether those possessions have become the property of the State, or have been transferred by his will to his widow, or descended on the nearest heir capable in law of taking them. In the latter case, the Chevalier de Mezieres, a subject of France, stands foremost, as being made capable of the inheritance by the treaty between this country and the United States. Under the regal government, it was the practice with us, when lands passed to the crown by escheat or forfeiture, to grant them to such relation of the party, as stood on the fairest ground. This was even a chartered right in some of the States. The practice has been continued among them, as deeming that the late Revolution should, in no instance, abridge the rights of the people. Should this have been the practice in the State of Georgia, or should they, in any instance, think proper to admit it, I am persuaded none will arise, in which it would be more expedient to do it, than in the present, and that no person's expectations should be fairer than those of the Chevalier de Mezieres. He is the nephew of General Oglethorpe, he is of singular personal merit, an officer of rank, of high connections, and patronized by the ministers. His case has drawn their attention, and seems to be considered as protected by the treaty of alliance, and as presenting a trial of our regard to that. Should these lands be considered as having passed to the State, I take the liberty of recommending him to the legislature of Georgia, as worthy of their generosity, and as presenting an opportunity of proving the favorable dispositions which exist throughout America, towards the subjects of this country, and an opportunity too, which will probably be known and noted here.
In the several views, therefore, of personal merit, justice, generosity and policy, I presume to recommend the Chevalier de Mezieres, and his interests, to the notice and patronage of yourExcellency, whom the choice of your country has sufficiently marked, as possessing the dispositions, while it has, at the same time, given you the power, to befriend just claims. The Chevalier de Mezieres will pass over to Georgia in the ensuing spring; but, should he find an opportunity, he will probably forward this letter sooner. I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient, and most humble servant.
Paris, December 22, 1785.
Gentlemen,—By my despatch to Mr. Jay, which accompanies this, you will perceive that the claims of the Chevalier de Mezieres, nephew to the late General Oglethorpe, to his possessions within your State, have attracted the attention of the ministry here; and that, considering them as protected by their treaty with us, they have viewed as derogatory of that, the doubts which have been expressed on the subject. I have thought it best to present to them those claims in the least favorable point of view, to lessen, as much as possible, the ill effects of a disappointment; but I think it my duty to ask your notice and patronage of this case as one whose decision will have an effect on the general interests of the Union.
The Chevalier de Mezieres is nephew to General Oglethorpe; he is a person of great estimation, powerfully related and protected. His interests are espoused by those whom it is our interest to gratify. I will take the liberty, therefore, of soliciting your recommendations of him to the generosity of your legislature, and to the patronage and good offices of your friends, whose efforts, though in a private case, will do a public good. The pecuniary advantages of confiscation, in this instance, cannot compensate its ill effects. It is difficult to make foreigners understand those legal distinctions between the effects of forfeiture, of escheat, and ofconveyance, on which the professors of the law might build their opinions in this case. They can see only the outlines of the case; to wit, the death of a possessor of lands lying within the United States, leaving an heir in France, and the State claiming those lands in opposition to the heir. An individual, thinking himself injured, makes more noise than a State. Perhaps, too, in every case which either party to a treaty thinks to be within its provisions, it is better not to weigh the syllables and letters of the treaty, but to show that gratitude and affection render that appeal unnecessary. I take the freedom, therefore, of submitting to your wisdom, the motives which present themselves in favor of a grant to the Chevalier de Mezieres, and the expediency of urging them on your State, as far as you may think proper.
I have the honor to be, with sentiments of the highest respect, Gentlemen, your most obedient, and most humble servant.
Paris, December 27, 1785.
Dear Sir,—Your favors of the 13th and 20th, were put in my hands to-day. This will be delivered you by Mr. Dalrymple, secretary to the legation of Mr. Crawford. I do not know whether you were acquainted with him here. He is a young man of learning and candor, and exhibits a phenomenon I never before met with, that is, a republican born on the north side of the Tweed.
You have been consulted in the case of the Chevalier de Mezieres, nephew to General Oglethorpe, and are understood to have given an opinion derogatory of our treaty with France. I was also consulted, and understood in the same way. I was of opinion the Chevalier had no right to the estate, and as he had determined the treaty gave him a right, I suppose he made the inference for me, that the treaty was of no weight. The Count de Vergennes mentioned it to me in such a manner, that I found it was necessaryto explain the case to him, and show him the treaty had nothing to do with it. I enclose you a copy of the explanation I delivered him.
Mr. Boylston sold his cargo to an agent of Monsieur Sangrain. He got for it fifty-five livres the hundred weight. I do not think that his being joined to a company here would contribute to its success. His capital is not wanting. Le Conteux has agreed that the merchants of Boston, sending whale oil here, may draw on him for a certain proportion of money, only giving such a time in their drafts, as will admit the actual arrival of the oil into a port of France, for his security. Upon these drafts, Mr. Barrett is satisfied they will be able to raise money, to make their purchases in America. The duty is seven livres and ten sols on the barrel of five hundred and twenty pounds, French, and ten sous on every livre, which raises it to eleven livres and five sols, the sum I mentioned to you. France uses between five and six millions of pounds' weight French, which is between three and four thousand tons, English. Their own fisheries do not furnish one million, and there is no probability of their improving. Sangrain purchases himself upwards of a million. He tells me our oil is better than the Dutch or English, because we make it fresh, whereas they cut up the whale, and bring it home to be made, so that it is, by that time, entered into fermentation. Mr. Barrett says, that fifty livres the hundred weight will pay the prime cost and duties, and leave a profit of sixteen per cent to the merchant. I hope that England will, within a year or two, be obliged to come here to buy whale oil for her lamps.
I like as little as you do to have the gift of appointments. I hope Congress will not transfer the appointment of their consuls to their ministers. But if they do, Portugal is more naturally under the superintendence of the minister at Madrid, and still more naturally under that of the minister at Lisbon, where it is clear they ought to have one. If all my hopes fail, the letters of Governor Bowdoin and Cushing, in favor of young Mr. Warren, and your more detailed testimony in his behalf, are not likely to be opposed by evidence of equal weight, in favor of any other.I think with you, too, that it is for the public interest to encourage sacrifices and services, by rewarding them, and that they should weigh to a certain point, in the decision between candidates.
I am sorry for the illness of the Chevalier Pinto. I think that treaty important; and the moment to urge it is that of a treaty between France and England.
Lambe, who left this place the 6th of November, was at Madrid the 10th of this month. Since his departure, Mr. Barclay has discovered that no copies of the full powers were furnished to himself, nor of course to Lambe. Colonel Franks has prepared copies, which I will endeavor to get, to send by this conveyance for your attestation; which you will be so good as to send back by the first safe conveyance, and I will forward them. Mr. Barclay and Colonel Franks being at this moment at St. Germain's, I am not sure of getting the papers in time to go by Mr. Dalrymple. In that case, I will send them by Mr. Bingham.
Be so good as to present me affectionately to Mrs. and Miss Adams, to Colonels Smith and Humphreys, and accept assurances of the esteem with which I am, dear Sir, your friend and servant.
Paris, January 3, 1786.
Dear Sir,—I wrote you last, on the 25th of September. Since that, I have received yours of October the 25th, enclosing a duplicate of the last invented tongue for the harpsichord. The letter enclosing another of them, and accompanied by newspapers, which you mention in that of October the 25th, has never come to hand. I will embrace the first opportunity of sending you the crayons. Perhaps they may come with this, which I think to deliver to Mr. Bingham, who leaves us on Saturday, for London. If, on consulting him, I find the conveyance fromLondon uncertain, you shall receive them by a Mr. Barrett, who goes from hence for New York, next month. You have not authorized me to try to avail you of the new tongue. Indeed, the ill success of my endeavors with the last does not promise much with this. However, I shall try. Houdon only stopped a moment, to deliver me your letter, so that I have not yet had an opportunity of asking his opinion of the improvement. I am glad you are pleased with his work. He is among the foremost, or, perhaps, the foremost artist in the world.
Turning to yourEncyclopedie, Arts et Metiers, tome 3, part 1, page 393, you will find mentioned an instrument, invented by a Monsieur Renaudin, for determining the true time of the musical movements, largo, adagio, &c. I went to see it. He showed me his first invention; the price of the machine was twenty-five guineas; then his second, which he had been able to make for about half that sum. Both of these had a mainspring and a balance wheel, for their mover and regulator. The strokes were made by a small hammer. He then showed me his last, which is moved by a weight and regulated by a pendulum, and which cost only two guineas and a half. It presents, in front, a dial-plate like that of a clock, on which are arranged, in a circle, the words largo, adagio, andante, allegro, presto. The circle is moreover divided into fifty-two equal degrees. Largo is at 1, adagio at 11, andante at 22, allegro at 36, and presto at 46. Turning the index to any one of these, the pendulum (which is a string, with a ball hanging to it) shortens or lengthens, so that one of its vibrations gives you a crotchet for that movement. This instrument has been examined by the academy of music here, who are so well satisfied of its utility, that they have ordered all music which shall be printed here, in future, to have the movements numbered in correspondence with this plexi-chronometer. I need not tell you that the numbers between two movements, as between 22 and 36, give the quicker or slower degrees of the movements, such as the quick andante, or moderate allegro. The instrument is useful, but still it may be greatly simplified. I got him to make me one, and having fixed a pendulum vibratingseconds, I tried by that the vibrations of his pendulum, according to the several movements.
Every one, therefore, may make a chronometer adapted to his instrument.
For a harpsichord, the following occurs to me.